In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Brian R Moon

Party Information

Chapter 13

Brian R Moon Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:18-10218

Lourdes Watters

Chapter 13

#2.00

CONT'D Amended Motion for relief from stay [Real Property]

MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)

(Amended Motion filed 12-4-20)

[RE : 23905 Matador Way, Murrieta, CA 92562]

FR: 8-24-20; 10-5-20; 11-2-20; 12-7-20

Docket 69

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether Movant is agreeable to Debtor's proposal that the subject property be surrendered to Movant and Movant to reimburse Debtor for all payments made to Movant with respect to the subject property since the petition date.

Party Information

Debtor(s):

Lourdes Watters Represented By

9:00 AM

CONT...

Trustee(s):

Lourdes Watters

Bryn C Deb

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13073

Anthony Toan Cao

Chapter 13

#3.00

Motion for relief from stay [Personal Property]

VW Credit Leasing, Ltd. vs DEBTOR (Motion filed 12-14-20)

[RE: RE: 2016 Volkswagen Jetta - VIN No.: 3VW267AJXGM255587]

Docket 18

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Anthony Toan Cao

Party Information

Chapter 13

Anthony Toan Cao Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13266

Carl Collins Jr.

Chapter 7

#4.00

Motion for relief from stay [Personal Property]

Ford Motor Credit Company, LLC vs DEBTOR (Motion filed 12-8-20)

[RE: 2019 Ford Explorer - VIN No.: 1FM5K7D86KGB39970]

Docket 8

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Carl Collins Jr.

Party Information

Chapter 7

Carl Collins Jr. Represented By Gary Polston

Trustee(s):

Karen S Naylor (TR) Pro Se

2:00 PM

8:19-14804

Francisco Rivera

Chapter 7

#1.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 11/24/2020)

[RE: Karen Sue Naylor, Chapter 7 Trustee] [Fees: $1,445.95; Expenses: $232.90]

Docket 75

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).

The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary

2:00 PM

CONT...

Francisco Rivera

Chapter 7

services rendered in the administration of this estate.

The compensation is approved as to the Trustee, with fees in the amount of $1,445.95 and expenses in the amount of $232.90.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Francisco Rivera Represented By Jacqueline D Serrao

Trustee(s):

Karen S Naylor (TR) Pro Se

2:00 PM

8:18-13870

Francisco Ramirez Ramirez and Aurora Mendez Barajas

Chapter 13

#2.00

STATUS CONFERENCE Hearing RE: Objection To Proof Of Claim:

Claim No. 3 Investment Consultants, Inc. $163284.01 (Motion filed 3/29/2019]

(Order Entered 9/27/2019)

[Case Transferred from CB on 7/31/2020]

[Case Remanded And Reversed (Docket No. 70)

(S/C set per Order Entered 8/4/2020) FR: 5-9-19; 8-8-19; 10-7-20

Docket 39

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to April 26, 2021 at 2:00 p.m. to allow time for the parties to finalize a settlement agreement.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Francisco Ramirez Ramirez and Aurora Mendez Barajas

Chapter 13

Francisco Ramirez Ramirez Represented By

Misty A Perry Isaacson

Joint Debtor(s):

Aurora Mendez Barajas Represented By

Misty A Perry Isaacson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:19-10198

Allan Eli Gindi and Carol June Gindi

Chapter 11

#3.00

Hearing RE: Motion for Final Decree (Federal Rule of Bankruptcy Procedure 3022) and Request to Take Post-Confirmation Status Conference Off Calendar (Motion filed 12-21-20)

Docket 537

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion, enter a final decree, vacate the February 10, 2021 status conference and close the case.

REORGANIZED DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum

Joint Debtor(s):

Carol June Gindi Represented By

2:00 PM

CONT...

Allan Eli Gindi and Carol June Gindi

Michael G Spector Vicki L Schennum Candice Candice Bryner

Chapter 11

2:00 PM

8:18-11759

Chester Davenport

Chapter 7

Adv#: 8:18-01155 Naylor v. Sun et al

#4.00

CONT'D Hearing RE: Defendant Bianca Sun's Motion to Quash Issuance of Writ of Execution

(Motion filed 11-18-20)

FR: 12-16-20

Docket 242

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED

The Court will deny the Motion on the ground that the movant has failed to make a sufficient showing that applicable law prohibits the issuance of a writ of execution with respect to a partial judgment.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

2:00 PM

CONT...

Chester Davenport

Chapter 7

Defendant(s):

Bianca Sun Represented By

Donald W Sieveke

Yan Yu Sun Represented By

Donald W Sieveke

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

2:00 PM

8:19-14527

Anthony Afshin Kashani

Chapter 7

#5.00

Hearing RE: Chapter 7 Trustee's Motion for Order:

(Motion filed 12-21-20)

Authorizing Sale of Real Property Free and Clear of Liens, Claims and Interests Pursuant t 11 U.S.C. Section 363(b) and (f);
Approving Over Bid Procedures
Approving Buyers, Succesful Bidder, and Back-Up Bidder as Good-Faith Purchaser Pursuant to 11 U.S.C. Section 363(m); and
Authorizing Payment of Undisputed Secured Claims, Real Estate Brokers' Commissions, and Ordinary Costs of Sale

RE: 420 S. Zion Ridge Drive, Lot#33, Mt. Carmel, Utah 84741

Docket 51

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant upon terms specified by Wells Fargo Bank and California Bank & Trust in their conditional non-opposition. All rights of Jeff and Patti Lewis are reserved; none are

2:00 PM

CONT...

Anthony Afshin Kashani

Chapter 7

waived.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Anthony Afshin Kashani Represented By Mirsaied Kashani

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur

2:00 PM

8:20-12061

2812 Ocean Blvd. LLC, a Texas limited liability co

Chapter 11

#6.00

Hearing RE: U.S. Trustee Motion to Dismiss Case or Convert Case to One Under Chapter 7 Pursuant To 11 U.S.C.§ 1112(B)

(Motion filed 11-23-20)

Docket 25

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion and dismiss the case for failure to file monthly operating reports.

UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

2812 Ocean Blvd. LLC, a Texas Represented By Christopher J Langley

2:00 PM

8:19-11987

Enalasys Corporation

Chapter 11

#7.00

Hearing RE: U.S. Trustee Motion to Dismiss or Convert Case to One Under Chapter 7 Pursuant To 11 U.S.C. Section 1112(B)

(Motion filed 11-19-20)

Docket 145

*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED 12-9-20 (DOCKET NO. 161).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Enalasys Corporation Represented By Michael Jones Sara Tidd

2:00 PM

6:16-18244

Gary Stephen Olacsi

Chapter 7

#1.00

Hrg. on Trustee's Final Report and Applications for Compensation

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.

The compensation is approved as to the Trustee, with fees in the amount of $7,536.27 and expenses in the amount of $0.00.

2:00 PM

CONT...

Gary Stephen Olacsi

Chapter 7

The compensation is approved as to Brutzkus Gubner, with fees in the amount of

$19,507.50 and expenses in the amount of $856.86.

The compensation is approved as to Grobstein Teeple LLP, with fees in the amount of

$3,834.50 and expenses in the amount of $28.50.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Gary Stephen Olacsi Represented By Julie J Villalobos

Trustee(s):

Howard B Grobstein (TR) Represented By David Seror Michael W Davis

2:00 PM

6:19-17552

RVT Inc

Chapter 11

#2.00

Hrg. on Debtor's Plan and Disclosure Statement

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny approval of the Disclosure Statement for the reasons argued by the UST.

The Court will set a new disclosure statement hearing for April 27, 2021 at 2:00 p.m. and will require an amended plan and disclosure statement to the filed and served on or before March 12, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

RVT Inc Represented By

Julie J Villalobos

2:00 PM

6:20-14663

PAL Distribution Inc

Chapter 7

#3.00

Hrg. on Chapter 7 Trustee's Motion for Order Authorizing Abandonment of the Estate's Interest in Certain Real Property Located in New Mexico Pursuant to 11

U.S.C. Section 554

Docket 122

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

PAL Distribution Inc Represented By

M. Jonathan Hayes

Movant(s):

Charles W Daff (TR) Represented By Thomas H Casey

2:00 PM

CONT...

Trustee(s):

PAL Distribution Inc

Chapter 7

Charles W Daff (TR) Represented By Thomas H Casey

9:00 AM

8:20-11578

Toby Thien Tran

Chapter 7

Adv#: 8:20-01132 Tran v. United States Department of Education et al

#1.00

Hearing RE: Motion to Dismiss Complaint Against U.S. Department of Education (Motion filed 12-11-20)

Docket 38

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion to dismiss for the reasons argued by U.S. Dept. of Education. The obligation at issue is a post-petition obligation not subject to discharge. The Court will also direct Debtor's attention to page 5 of 14 of the Motion, lines 22 - 26 (Debtor's monthly payment will be zero.) The Court also notes that McKinney was reversed on appeal.

U.S. DEPT. OF EDUCATION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Toby Thien Tran Pro Se

Defendant(s):

9:00 AM

CONT...

Toby Thien Tran

Chapter 7

United States Department of Represented By Elan S Levey

Educational Credit Management Represented By

Scott A Schiff

Plaintiff(s):

Toby T Tran Pro Se

Trustee(s):

Karen S Naylor (TR) Pro Se

9:00 AM

8:20-11588

Veronica Kilada

Chapter 7

Adv#: 8:20-01134 Naylor v. Kilada

#2.00

Hearing RE: Motion to Dismiss Adversarial Proceeding Pursuant to Federal Rules of Civil Procedure Rule 12 Made Applicable Through Federal Rules of Bankruptcy Procedure 7012

(Motion filed 10-16-20)

Docket 7

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO FEBRUARY 25, 2021 AT 9:00 AM ENTERED ON 1-4-21 (Docket No. 16).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Defendant(s):

Fady Kilada Represented By

Arash Shirdel

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey

9:00 AM

8:20-11588

Veronica Kilada

Chapter 7

Adv#: 8:20-01134 Naylor v. Kilada

#3.00

CONT'D STATUS CONFERENCE RE: Chapter 7 Trustee's First Amended Complaint Against Fady Kilada for:

Avoidance of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A)
Avoidance of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B)
Avoidance of Preference Transfer Under 11 U.S.C. Section 547
Recovery of Transfer per 11 U.S.C Section 550
Turnover of Property of the Estate Pursuant to 11 U.S.C. Section 542 (Complaint filed 9-16-20)

(Amended Complaint filed 9-17-20) [FR: 12-2-20]

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO FEBRUARY 25, 2021 AT 9:00 AM ENTERED ON 1-4-21 (Docket No. 16).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Defendant(s):

Fady Kilada Pro Se

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey

9:00 AM

CONT...

Trustee(s):

Veronica Kilada

Chapter 7

Karen S Naylor (TR) Represented By Thomas H Casey

9:00 AM

8:20-11588

Veronica Kilada

Chapter 7

Adv#: 8:20-01140 Naylor v. Kilada

#4.00

CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Fady Kilada for Judgment:

The Post-Petition Family Court Order is Void As To All Real and Personal Property Per 11 U.S.C. Section 362
Attorney Fees Per 11 U.S.C. Section 105 (Complaint filed 9-30-20)

FR: 12-16-20

Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO FEBRUARY 25, 2021 AT 9:00 AM ENTERED ON 1-4-21 (Docket No. 14).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Veronica Kilada Represented By Onyinye N Anyama
Defendant(s):
Fady Kilada Pro Se
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:20-13014

Northern Holdings, LLC

Chapter 11

#5.00

STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 10/28/2020)

Docket 1
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements. The Court will issue a scheduling order:
1. Debtor shall file a plan and disclosure statement on or before July 31, 2021.
2. Debtor shall confirm a plan on or before November 30, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Northern Holdings, LLC Represented By Matthew D. Resnik

9:00 AM

CONT...

Northern Holdings, LLC

Chapter 11

9:00 AM

8:19-14865

Ice Energy Holdings, Inc.

Chapter 7

Adv#: 8:20-01144 Casey v. Zezza et al

#6.00

STATUS CONFERENCE Hearing RE: Complaint For:

Breach Of Fiduciary Duty
Aiding And Abetting Breach Of Fiduciary Duty
Declaratory Relief
Equitable Subordination
Objection To Claims
Lien Avoidance
Avoidance Of Preferential Transfers
Preservation Of Avoided Transfers (Complaint filed 10-7-20)

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO FEBRUARY 24, 2021 AT 9:00 AM ENTERED ON 11-25-20 (DOCKET NO. 11).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo

Defendant(s):

David Zezza Pro Se

Marcel Christians Pro Se

Alex Collins Pro Se

Joseph Draper Pro Se

David Heatley Pro Se

Daniel Leff Pro Se

9:00 AM

CONT...

Ice Energy Holdings, Inc.

Chapter 7

Francis Carroll Pro Se

Marcus Childress Pro Se

James Kelly Pro Se

Minakami LLC Pro Se

Minakami Trust Pro Se

Voyager Ocean Limited Pro Se

Plaintiff(s):

Thomas H. Casey Represented By Jason B Komorsky

Trustee(s):

Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland Steven T Gubner Kerry A. Moynihan

9:00 AM

6:19-16352

Silver Lakes Resort Lodge Interval Owners Associat

Chapter 11

#1.00

CONT Hrg. on Chapter 11 Status Conference (Cont. from 8/27/20)

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements. The Court will set a deadline of April 30, 2021 for filing a plan and disclosure statement and a deadline of July 31, 2021 for confirming a plan. Previously set deadlines are voided.

The Court will continue this status conference to July 13, 2021 at 9 a.m. An updated status report is due June 30, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Silver Lakes Resort Lodge Interval Represented By

9:00 AM

CONT...

Silver Lakes Resort Lodge Interval Owners Associat

Teresa A. Blasberg

Chapter 11

2:00 PM

6:19-19752

Darryl D. Moore and Judith A. Moore

Chapter 7

#2.00 Hrg. on chapter 7 trustee's Motion filed 2/18/20 to Sell Property of the Estate Free and Clear of Liens under Section 363(f)

Docket 44

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and approve the stipulation between the Trustee and the Realtor, except that if there is an overbidder, overbids will be in increments of

$5,000.00 The Trustee shall pay Debtors' homestead exemption to them at the close of escrow.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Darryl D. Moore Represented By Lazaro E Fernandez Gustavo Munguia

Joint Debtor(s):

Judith A. Moore Represented By

2:00 PM

CONT...

Trustee(s):

Darryl D. Moore and Judith A. Moore

Lazaro E Fernandez

Chapter 7

Karl T Anderson (TR) Represented By

Michelle A Marchisotto

9:00 AM

8:18-11759

Chester Davenport

Chapter 7

Adv#: 8:18-01155 Naylor v. Sun et al

#1.00

Hearing RE: Motion for Leave to Dismiss Eleventh Cause of Action Against Bianca Sun and Yan Yu Sun for Turnover of Rental Value Pursuant to 11 U.S.C.

Section 542

(Motion filed 12-23-20)

Docket 285

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion and dismiss the 11th cause of action. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

Defendant(s):

Bianca Sun Pro Se

9:00 AM

CONT...

Chester Davenport

Chapter 7

Yan Yu Sun Pro Se

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan Stuart A Katz

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

9:00 AM

8:18-13731

Fernando Zotea

Chapter 7

Adv#: 8:20-01044 Harman v. Zotea

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) (Objection To Dischargeability) And Damages

(Complaint filed 4/9/2020) FR: 7-8-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the results of mediation (assuming mediation actually took place).

Party Information

Debtor(s):

Fernando Zotea Pro Se

Defendant(s):

Fernando Zotea Represented By

9:00 AM

CONT...

Fernando Zotea

Christopher B Good

Chapter 7

Joint Debtor(s):

Alena May Zotea Pro Se

Plaintiff(s):

Jacob Harman Represented By Richard Jorgensen Jeffrey R Salberg

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:19-14723

James Alvin Grove

Chapter 7

Adv#: 8:20-01026 Nigolian et al v. Grove

#3.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt, To Deny Debtor's Discharge And For Entry Of Judgment

(Complaint filed 3/12/20) FR: 6-3-20; 7-15-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the Status Conference to March 24, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

James Alvin Grove Represented By Michael N Nicastro Michael G Spector

9:00 AM

CONT...

James Alvin Grove

Chapter 7

Defendant(s):

James Alvin Grove Represented By Michael G Spector

Plaintiff(s):

Sarine Nigolian Represented By Grant A Nigolian

Grant Nigolian Represented By Grant A Nigolian

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:19-14714

Meade Instruments Corp.

Chapter 11

#4.00

CONT'D Hearing RE: Scheduling And Case Management Conference (Petition filed 12/4/2019)

[Case transferred from CB on 7/29/2020]

FR: 12-11-19; 12-12-19; 1-29-20; 3-25-20; 6-24-20; advanced from 9-23-20;

9-23-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to February 10, 2021 at 2:00 p.m. so that the status conference can be held concurrently with the disclosure statement hearing.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Meade Instruments Corp. Represented By Robert P Goe

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al

#5.00

Hearing RE: Defendant Perkins' Motion to Dismiss (Motion filed 12-14-20)

Docket 41

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will issue an order to show cause as to why this Court should not abstain from determining this Adversary Proceeding on the ground that the Debtor is not named as a defendant in any of the six causes of action stated in the First Amended Complaint.

The OSC is set for March 24, 2021 at 9:00 a.m. Any opposition to the OSC shall be filed on or before February 17, 2021. Any reply to an opposition shall be filed on or before March 3, 2021. The motion to dismiss is continued to March 24, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Bridge Loan Financial, Inc. Represented By Zi Chao Lin

Steven Perkins Represented By Katharine B Lau

239 Carnation, LLC Represented By Beth Gaschen

Mola Builders, Inc. Pro Se

Plaintiff(s):

Fineline Woodoworking, Inc. Represented By James A Hayes Jr Eoin L Kreditor Brook J Changala

9:00 AM

8:19-14566

Maria Felix

Chapter 11

#6.00

CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 11/21/19)

FR: 1-22-20; 5-20-20; 11-18-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO DISMISS CASE ENTERED ON 12-2-2020 (DOCKET NO. 98).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Felix Represented By

Michael Jones Sara Tidd

9:00 AM

6:20-11555

Laurie Lynn Bilderback

Chapter 7

Adv#: 6:20-01100 Williams v. Bilderback et al

#1.00

CONT STATUS CONFERENCE Hearing re: Pre-Petition Lawsuit pending in Los Angeles Superior Court

(Notice of Removal filed 5/26/20)

RE: Los Angeles Superior Court - North District. Case no: LASC 20AVCV0057 (Cont. from 7/23/20)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the Status Conference to April 13, 2021, with an updated status report due March 31, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Laurie Lynn Bilderback

Chapter 7

Laurie Lynn Bilderback Represented By Thomas M Bundy

Defendant(s):

Laurie Lynn Bilderback Represented By Thomas M Bundy

Todd A Frealy Represented By

Richard P Steelman Jr

Plaintiff(s):

Perry Williams Pro Se

Trustee(s):

Todd A. Frealy (TR) Represented By

Richard P Steelman Jr

9:00 AM

6:20-11555

Laurie Lynn Bilderback

Chapter 7

Adv#: 6:20-01101 Frealy et al v. Williams et al

#2.00

CONT STATUS CONFERENCE Hearing re: Pre-Petition Lawsuit pending in Los Angeles Superior Court

(Notice of Removal filed 5/26/20)

RE: Los Angeles Superior Court - North District. Case no: LASC 19AVCV00850 (Cont. from 7/23/20)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the Status Conference to April 13, 2021, with an updated status report due March 31, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Laurie Lynn Bilderback Represented By

9:00 AM

CONT...

Laurie Lynn Bilderback

Thomas M Bundy

Chapter 7

Defendant(s):

Perry Williams Pro Se

Blaine Williams Pro Se

Plaintiff(s):

Todd A Frealy Represented By

Richard P Steelman Jr

Laurie Lynn Bilderback Represented By Thomas M Bundy

Trustee(s):

Todd A. Frealy (TR) Represented By

Richard P Steelman Jr

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

#1.00

CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]

Fady Kilada vs DEBTOR (Motion filed 10-29-20)

[RE: Case Name: Kilada v Kilada] [Docket Number: 19STFL00877]

[Pending In: Los Angeles Superior Court - Stanley Mosk]

FR: 11-30-20

Docket 55

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO FEBRUARY 22, 2021 AT 9:00 AM ENTERED ON 1-20-21 (DOCKET NO. 88).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-11644

Mercedes Gomez Limon

Chapter 13

#2.00

Motion for relief from stay [Real Property]

MEB Loan Trust III vs DEBTOR (Motion filed 12-31-20)

[RE: 5102 W 1st Street #B Santa Ana, California 92703]

[Tele. appr., Kirsten M. Martinez, repr., MEB Loan Trust III, Creditor]

Docket 37

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Mercedes Gomez Limon

Chapter 13

The Court will determine that the Debtor is a "borrower" under the California Civil Code.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Mercedes Gomez Limon Represented By Laleh Ensafi

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13238

Morris David Rosenthal and Susan Yvonne Rosenthal

Chapter 7

#3.00

Motion for relief from stay [Personal Property]

Exeter Finance LLC vs DEBTORS (Motion filed 12-30-20)

[RE: 2014 Mercedes-Benz C250 - VIN No.: WDDGF4HB6EG218491]

[Tele. appr., Sheryl K. Ith, repr., Exeter Finance LLC, Creditor]

Docket 11

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Morris David Rosenthal and Susan Yvonne Rosenthal

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Morris David Rosenthal Represented By

Thomas E Brownfield

Joint Debtor(s):

Susan Yvonne Rosenthal Represented By

Thomas E Brownfield

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

9:00 AM

8:20-13312

Brian Jang and Christine Jang

Chapter 7

#4.00

Motion for relief from stay [Personal Property]

TD Auto Finance, LLC vs DEBTOR (Motion filed 12-18-20)

[RE: 2019 Ford Transit Connect - VIN No.: NM0LS7E26K1423346] [Tele. appr., Sheryl K. Ith, repr., TD Auto Finance, Creditor]

Docket 21

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Brian Jang and Christine Jang

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Brian Jang Represented By

Ji Yoon Kim

Joint Debtor(s):

Christine Jang Represented By Ji Yoon Kim

Trustee(s):

Thomas H Casey (TR) Pro Se

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#1.00

Hearing RE: Motion for Stay Pending Appeal (Motion filed 12-28-20)

[Tele. appr., Roye Zur, repr., Jeffrey I. Golden, Trustee]

Docket 309

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Deny for the reasons argued by the Chapter 7 Trustee in his Opposition: failure of Movant to show irreparable njury; failure of Movant to show he is likely to succeed on the merits of the appeal.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

US Direct LLC Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By

2:00 PM

CONT...

US Direct LLC

Roye Zur Monica Rieder

Chapter 7

2:00 PM

8:19-12127

Richard J. Kelly and Mary J. Kelly

Chapter 7

#2.00

CONT'D Hearing RE: Objection To Debtor's Claims Of Exemption On Amended Schedules

(Motion filed 6/19/2020)

FR: 7-20-20; 11-30-20

[Tele. appr., Brett H. Ramsaur, repr., Bailey, Plaintiff]

[Tele. appr., Richard Kelly, repr., Richard & Mary Kelly, Debtors]

Docket 59

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of settlement negotiations.

Party Information

Debtor(s):

Richard J. Kelly Represented By

J Scott Williams

2:00 PM

CONT...

Richard J. Kelly and Mary J. Kelly

Chapter 7

Joint Debtor(s):

Mary J. Kelly Represented By

J Scott Williams

Trustee(s):

Jeffrey I Golden (TR) Represented By Faye C Rasch

2:00 PM

8:19-12127

Richard J. Kelly and Mary J. Kelly

Chapter 7

#3.00

CONT'D Hearing RE: Objection To Debtors' Claims Of Exemption (Motion filed 12/13/19)

FR: 1-27-20; 4-20-20L; 7-20-20; 11-30-20

[Tele. appr., Brett H. Ramsaur, repr., Bailey, Plaintiff]

[Tele. appr., Richard Kelly, repr., Richard & Mary Kelly, Debtors]

Docket 33

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of settlement negotiations and a possible mediation.

Party Information

Debtor(s):

Richard J. Kelly Represented By

J Scott Williams

2:00 PM

CONT...

Richard J. Kelly and Mary J. Kelly

Chapter 7

Joint Debtor(s):

Mary J. Kelly Represented By

J Scott Williams

Trustee(s):

Jeffrey I Golden (TR) Represented By Faye C Rasch

2:00 PM

8:19-13068

Antonio Espinoza Muro

Chapter 7

#4.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 12/11/2020)

[RE: Richard A. Marshack, Chapter 7 Trustee] [Fees: $8,000.00; Expenses: $23.15]

[RE: Law Offices of Michael G. Spector, Trustee's Attorney] [Fees: $20,213.15; Expenses: $638.70

[RE: Hahn Fife & Company, LLP, Accountant] [Fees: $1,000.00; Expenses: $0.00]

[Tele. appr., James D. Cuzzolina, repr., Muro, Defendant]

Docket 106

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Antonio Espinoza Muro

Chapter 7

of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).

The compensation is approved as to the Trustee, with fees in the amount of $8,000.00 and expenses in the amount of $23.15.

The compensation is approved as to Michael Spector, with fees in the amount of

$851.85 and expenses in the amount of $638.70.

The compensation is approved as to Hahan Fife & Company LLP, with fees in the amount of $1,000.00 and expenses in the amount of $0.00.

Bankruptcy Court charges are approved in the amount of $350.00. Interim payments previously made are approved.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Antonio Espinoza Muro Represented By

J.D. Cuzzolina

Trustee(s):

Richard A Marshack (TR) Represented By Michael G Spector

2:00 PM

8:17-12832

Maggie Liu

Chapter 7

#5.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 12/23/2020)

[RE: Richard A. Marshack, Chapter 7 Trustee] [Fees: $53,700.00; Expenses: $210.01]

[RE: Marshack Hays, LLP, Trustee's Attorney] [Fees: $252,159.00; Expenses: $6,983.40]

[RE: Karl T. Anderson, CPA, Inc., Accountant] [Fees: $4,002.50; Expenses: $680.41]

[RE: Compass Real Estate, Other Professional] [Fees: $30,100.00; Expenses: $0.00]

[RE: First American Title, Other Professional] [Fees: $0.00; Expenses: $3,703.85]

[RE: HOM Sotheby's International Realty, Other Professional] [Fees: $30,100.00; Expenses: $0.00]

[RE: Pickford Escrow, Other Professional] [Fees: $0.00; Expenses: $3,298.00]

[Tele. appr., Laila Masud, repr., Richard A. Marshack, Trustee]

Docket 363

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or

2:00 PM

CONT...

Maggie Liu

Chapter 7

who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of

$53,700.00 and expenses in the amount of $210.01.

The compensation is approved as to Marshack Hayes LLP, with fees in the amount of

$9,004.00 and expenses in the amount of $703.93.

The compensation is approved as to Karl T. Anderson, CPA, Inc., with fees in the amount of $4,002.50 and expenses in the amount of $680.41.

The compensation is approved as to HOM Sotheby's International Realty, with fees in the amount of $0.00 and expenses in the amount of $0.00.

The compensation is approved as to Compass Real Estate, with fees in the amount of

$0.00 and expenses in the amount of $0.00.

2:00 PM

CONT...

Maggie Liu

Chapter 7

The compensation is approved as to First American Title, with fees in the amount of

$0.00 and expenses in the amount of $0.00.

The compensation is approved as to Pickford Escrow, with fees in the amount of

$3,298.00 and expenses in the amount of $0.00.

Bankruptcy Court charges are approved in the amount of $1,050.00. Previously allowed fees and expenses are confirmed.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Maggie Liu Represented By

Bert Briones

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud Chad V Haes

D Edward Hays

2:00 PM

8:20-11795

Byron York Priestley

Chapter 7

#6.00

CONT'D Hearing RE: Motion RE: Objection to Claim (Motion filed 11-20-20)

Claim No. 1 Internal Revenue Service $117,322.80 FR: 12-21-20

Docket 63

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will approve the stipulation between the Debtor and the IRS to dismiss the objection.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Byron York Priestley Represented By Anerio V Altman

2:00 PM

CONT...

Movant(s):

Byron York Priestley

Chapter 7

Byron York Priestley Represented By Anerio V Altman

Trustee(s):

Richard A Marshack (TR) Pro Se

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#7.00

Hearing RE: Third Interim Application for Compensation and Reimbursement of Expenses for the Period From October 1, 2020 to December 31, 2020.

(Application filed 1-4-21)

[RE: Grobstein Teeple, LLP - Accountants for the Chapter 11 Debtor] [Fees: $12,145.00; Expenses: $0.00]

[Tele. appr., Mark S. Horoupian, repr., Creditor's Commitee]

Docket 312

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on an interim basis as to Grobstein Teeple LLP, with fees in the amount of $12,145.00 and expenses in the amount of $0.00.

Payment at this time is authorized.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#8.00

Hearing RE: Third Interim Application for Allowance and Payment of Fees and Expenses for the Period From August 1, 2020 to December 15, 2020.

(Application filed 1-4-21)

[RE: SulmeyerKupetz, APC - Counsel for the Official Committe of Unsecured Creditors]

[Fees: $79,100; Expenses: $322.31]

[Tele. appr., Mark S. Horoupian, repr., Creditor's Commitee]

Docket 314

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to SulmeyerKupetz, with fees in the amount of $79,100.00 and expenses in the amount of $322.31.

Payment at this time is authorized.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#9.00

Hearing RE: Third Interim Application for Compensation and Reimbursement of Expenses for the Period From August 27, 2020 to December 29, 2020.

(Application filed 1-4-21)

[RE: Goe Forsythe & Hodges LLP - Counsel for Chapter 11 Debtor] [Fees: $116,351.00; Expenses: $208.67]

[Tele. appr., Mark S. Horoupian, repr., Creditor's Commitee]

Docket 315

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Goe Forsythe & Hodges LLP, with fees in the amount of $116,351.00 and expenses in the amount of $208.67.

Payment at this time is authorized.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#10.00

Hearing RE: Second Interim Application for Compensation and Reimbursement of Expenses for the Period From August 1, 2020 to November 30, 2020.

(Application filed 1-4-21)

[RE: Broadway Advisors, LLC - Financial Advisors] [Fees: $81,555.00; Expenses: $0.00]

[Tele. appr., Mark S. Horoupian, repr., Creditor's Commitee]

Docket 316

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on an interim basis as to Broadway Advisors LLC, with fees in the amount of $81,555.00 and expenses in the amount of $0.00.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Meade Instruments Corp. Represented By

2:00 PM

CONT...

Meade Instruments Corp.

Robert P Goe

Chapter 11

9:00 AM

6:18-20687

Jack E. Commeford

Chapter 7

Adv#: 6:20-01050 Anderson v. Trujillo

#1.00

CONT STATUS CONFERENCE re: Complaint by Karl T. Anderson against Ernest Trujillo. (Charge To Estate). ($350.00) Complaint for Approval of The Sale of Co-Owned Real Property Pursuant to § 363(h) Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h)))

(Cont. from 8/20/20, 10/22/20)

(Tele. appr. Robert Goe, rep. Plaintiff, Karl Anderson)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will set a deadline of May 31, 2021 for hearing a motion for entry of default judgment.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Jack E. Commeford

Chapter 7

Jack E. Commeford Represented By Keith Q Nguyen

Defendant(s):

Ernest Trujillo Represented By Scott Talkov

Plaintiff(s):

Karl T. Anderson Represented By Robert P Goe

Rafael R Garcia-Salgado

Trustee(s):

Karl T Anderson (TR) Represented By Robert P Goe

9:00 AM

6:19-16416

Carmencita Pacia

Chapter 7

Adv#: 6:20-01008 Anderson v. Pacia

#2.00

CONT STATUS CONFERENCE re: Complaint by Karl T Anderson against Maria Victoria Pacia. (Charge To Estate). ($350.00) (Attachments: # 1 Adversary Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))

(Cont. from 7/9/20, 10/22/20)

Docket 1

*** VACATED *** REASON: CONTINUED TO 4/13/21 BY ORDER ENTERED ON 1/15/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carmencita Pacia Represented By Natalie A Alvarado

Defendant(s):

Maria Victoria Pacia Pro Se

Joint Debtor(s):

Rolando Pacia Represented By Natalie A Alvarado

Plaintiff(s):

Karl T Anderson Represented By Robert P Goe Ryan S Riddles

Trustee(s):

Karl T Anderson (TR) Pro Se

9:00 AM

6:20-12897

Marco A. Rojas Razo

Chapter 7

Adv#: 6:20-01162 Bui v. Rojas

#3.00

CONT STATUS CONFERENCE re: Complaint by Lynda T. Bui against Luis Armando Rojas. ($350.00 Fee Charge To Estate). 1) Avoidance Of Intentional Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 550, 551; Cal.

Civ. Code §§ 3439.04, 3439.07, 3439.08]; 2) Avoidance Of Constructive

Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 550, 551; Cal.

Civ. Code §§ 3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3) Disallowance Of

Claims [11 U.S.C. § 502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; and 5)

Declaratory Relief [11 U.S.C. §§ 541, 544; Fed. R. Bankr. Pro. 7001(9)] Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment))

From: 12/3/20

(Tele. appr. Fritz Firman, rep. Defendant) (Tele. appr. Rika Kido, rep. Plaintiff)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

9:00 AM

CONT...

Marco A. Rojas Razo

Chapter 7

The Court will issue the following scheduling order:

All discovery shall close on July 31, 2021.

All discovery motions shall be heard before August 31, 2021.

The Court sets a further status conference in this case for September 28, 2021 at 9:00

a.m. An updated status report is due September 14, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Marco A. Rojas Razo Represented By Joseph A Weber Fritz J Firman

Defendant(s):

Luis Armando Rojas Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

Trustee(s):

Lynda T. Bui (TR) Pro Se

2:00 PM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#1.00

CONT Hrg. on Chapter 11 Status Conference (Tax Issues)

From: 11/3/20, 11/19/20,11/24/20

(Tele. appr. Martin Eliopulos, rep. Defendant, Havasu Lakeshore) (Tele. appr. Terry Fleming, rep. Debtor, Terry Lee Fleming, Sr.) (Tele. appr. Sam Luxenberg, rep. Debtor, Terry Lee Fleming, Sr.)

(Tele. appr. Michael Reynolds, interested party, litigation counsel for Terry Lee Fleming, Sr)

(Tele. appr. James Till, rep. Debtor, Terry Lee Fleming Sr.)

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will set a deadline of February 12, 2021 for filing amended disclosure

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

statements.

The Court will set March 23, 2021 at 2:00 p.m. as the date and time of disclosure statement hearings.

Objections to a disclosure statement are due on or before February 26, 2021. Replies to objections are due March 12, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

2:00 PM

6:19-10781

Yongming Sui

Chapter 7

#2.00

Hrg. on trustee's final report and applications for compensation

(Tele. appr. Misty Perry-Isaacson, rep. trustee, Karl Anderson)

Docket 135

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

2:00 PM

CONT...

Yongming Sui

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of

$24,628.44 and expenses in the amount of $136.25.

The compensation is approved as to attorney Misty Perry, with fees in the amount of

$16,830.00 and expenses in the amount of $182.62.

Bankruptcy Court charges are approved in the amount of $350.00. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Yongming Sui Represented By Michael A Cisneros

Trustee(s):

Karl T Anderson (TR) Represented By

Misty A Perry Isaacson

9:00 AM

8:15-12278

Morgan Drexen, Inc.

Chapter 7

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Scheduling And Case Management Conference

(Petition filed 4/30/2015)

[Case tranferred from CB on 7/21/2020]

FR: 6-10-15; 6-24-15; 7-27-15; 1-24-17; 7-25-17; 12-12-17; 6-5-18; 8-14-18;

11-6-18; 2-26-19; 5-7-19; 9-24-19; 12-3-19; 4-7-20; 7-7-20; 9-8-20; 9-23-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Trustee's intentions with respect to closing the case and the use of 11 U.S.C. § 305(b)

Next status conference: July 21, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Morgan Drexen, Inc.

Chapter 7

Morgan Drexen, Inc. Represented By Paul R Shankman

Trustee(s):

Jeffrey I Golden (TR) Represented By Thomas H Casey Kathleen J McCarthy Reem J Bello

Beth Gaschen

9:00 AM

8:18-11997

QDOS, Inc

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Chapter 11 Involuntary Petition (Petition filed 5/31/18)

FR: 6-25-18; 8-1-18; 9-19-18; 10-24-18; 7-8-19; 10-16-19; 3-11-20; 7-15-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will issue a scheduling order that will have the following major material terms:

QDOS to file and serve answer and list of creditors meeting the requirements of FRBP 1003(b) on or before February 15, 2021. QDOS to give written notice to each creditor of answer and supplemental statement within two business days of February 15, 2021.

Remaining petitioning creditors Hayden and Wiese, trustee, to file and serve reply to QDOS answer on or before February 22, 2021.

9:00 AM

CONT...

QDOS, Inc

Chapter 11

FRCP 26(f) conference shall occur on February 25, 2021.

Discovery opens March 1, 2021 and closes June 30, 2021. The Court expects the parties to act in good faith regarding discovery. Discovery propounded by a party shall not be unreasonably burdensome. Improperly evasive responses to discovery will likely result in the imposition of sanctions.

Pursuant to FRBP 1018, joinder of a petitioning creditor shall be exclusively by motion to be heard by the Court on or before May 14, 2021 and shall be filed on at least 35 days’ notice. Any opposition shall be filed at least 14 days before the hearing date, and any reply at least 7 days before the hearing date.

Pretrial disclosures under FRCP 26(a)(3) and FRBP 7026 shall be made on or before July 9, 2021.

All motions for summary judgment shall be heard before July 15, 2021.

Any evidentiary hearing and any trial shall be held after the federal Santa Ana courthouse reopens to the public. (The courthouse is currently closed to the public).

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola

9:00 AM

8:19-10058

Joy Omoderi Amagboruju Miles

Chapter 11

#3.00

CONT'D POST CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Status of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case

(Petition filed 1/7/19) (Plan Confirmed 8-21-20)

FR: 3-13-19; 8-7-19; 10-23-19; 10-30-19; 2-19-20; 4-15-20; 5-6-20; 6-29-20;

7-22-20; 8-10-20

Docket 7

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR ORDER CLOSING CASE ON INTERIM BASES ENTERED ON 9-25-20 (DOCKET NO. 151).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joy Omoderi Amagboruju Miles Represented By

Onyinye N Anyama

9:00 AM

8:19-13904

Kathy D Gorski and Michael A Gorski

Chapter 11

#4.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/4/19)

FR: 1-22-20; 5-13-20; 5-18-20; 9-16-20; 9-23-20

Docket 15

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.

Next status conference: May 17, 2021 at 9:00 a.m. An updated status report is due May 3, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Kathy D Gorski and Michael A Gorski

Chapter 11

Kathy D Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

Joint Debtor(s):

Michael A Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

9:00 AM

8:20-12027

2724 Ocean Blvd, LLC

Chapter 11

#5.00

CONT STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 11 Petition filed on 7/20/2020)

FR: 9-23-20

Docket 11

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

2724 Ocean Blvd, LLC Represented By Jeffrey I Golden

9:00 AM

CONT...

2724 Ocean Blvd, LLC

Chapter 11

9:00 AM

8:19-10616

Robert Michael Elliott

Chapter 7

Adv#: 8:19-01079 Cochrane v. Elliot

#6.00

CONT'D STATUS CONFERENCE Hearing RE: Second Amended Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a) (Complaint filed 5/2/19)

(First Amended Complaint filed 9/23/19 - Dismissed With Leave To Amend - Order Entered 12-6-19 - docket no. [34])

(Second Amended Complaint filed 12/26/19)

FR: 8-7-19; 10-30-19; 2-26-20; 7-8-20

Docket 38

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will set a deadline of April 15, 2021 for hearing pretrial motions (other than motions in limine).

A pretrial conference is set for May 19, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Robert Michael Elliott

Chapter 7

Robert Michael Elliott Represented By Renee Nasiri

Defendant(s):

Robert Michael Elliot Represented By David R Flyer

Plaintiff(s):

Kevin Cochrane Represented By Jason P. Saccuzzo John W Cutchin Michael W Vivoli

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:19-11047

Eric Wayne Mydland

Chapter 7

Adv#: 8:20-01163 Marshack v. Tom Lange Company International, Inc. et al

#7.00

Hearing RE: Stipulated Request to Dismiss Eric Mydland as Defendant (Motion filed 12-24-20)

Docket 4

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will approve the stipulation and dismiss Eric Mydland as a defendant in this Adversary Proceeding.

PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Eric Wayne Mydland Represented By

Bryant C MacDonald

Defendant(s):

Tom Lange Company International, Pro Se

9:00 AM

CONT...

Eric Wayne Mydland

Chapter 7

Eric Wayne Mydland Pro Se

Plaintiff(s):

Richard A Marshack Represented By Anerio V Altman

Trustee(s):

Richard A Marshack (TR) Represented By Anerio V Altman

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

Adv#: 8:20-01006 South Coast Behavioral Health v. 3151 Airway LLC et al

#8.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For Declaratory Relief; Turnover: Avoidance and Recovery of Avoidable Transfers

(Complaint filed 1/24/20)

(First Amended Complaint filed 3/10/20) (Another Summons Issued 3/11/2020) (PTC set at S/C held 6/3/2020)

FR: 4-15-20; 6-3-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING PRE-TRIAL CONFERENCE TO MARCH 17, 2021 AT 9:00 AM ENTERED ON 1-19-2021 (DOCKET NO. 105).

Tentative Ruling:

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Defendant(s):

3151 Airway LLC Represented By

Crystle Jane Lindsey

Nicole Poliquin Represented By

Crystle Jane Lindsey

Charles McPhail Represented By

Crystle Jane Lindsey

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

Plaintiff(s):

South Coast Behavioral Health Represented By Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

9:00 AM

8:19-14162

Eric Daniel Merrell

Chapter 7

Adv#: 8:20-01012 Lohr v. Merrell et al

#9.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For Determination Of Dischargeability Of Debt

(Complaint filed 2/3/2020) FR: 4-22-20, 12-2-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will order this Adversary Proceeding into mediation.

The Parties shall file a mediation stipulation and lodge an order thereon on or before March 15, 2021.

The Court sets a further status conference for May 26, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Eric Daniel Merrell

Chapter 7

Eric Daniel Merrell Represented By Heather J Canning

Defendant(s):

Eric Daniel Merrell Represented By David Brian Lally

Julie Mary Angeline Merrell Represented By David Brian Lally

Joint Debtor(s):

Julie Mary Angeline Merrell Represented By Heather J Canning

Plaintiff(s):

Kathy Lohr Represented By

Stephen W Berger

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

9:00 AM

8:20-11795

Byron York Priestley

Chapter 11

Adv#: 8:20-01159 Priestley v. 20 CAP FUND I, LLC et al

#10.00

STATUS CONFERENCE Hearing RE: Complaint for:

Violation of the Automatic Stay
Injunctive Relief
Declaratory Relief (Complaint filed 11-5-20)

Docket 1

*** VACATED *** REASON: OFF CALENDAR - STATUS CONFERENCE CONTINUED TO FEBRUARY 17, 2021 AT 9:00 AM PER ANOTHER SUMMONS ISSUED ON 11-30-2020 (DOCKET NO. 4).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Byron York Priestley Represented By Anerio V Altman

Defendant(s):

20 CAP FUND I, LLC Pro Se

FCI Lender Services, Inc. Pro Se

Plaintiff(s):

Byron York Priestley Represented By Anerio V Altman

9:00 AM

6:14-18824

Maria Elena Rodriguez

Chapter 7

Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons

#1.00

PRE-TRIAL CONFERENCE re: Complaint by Ford Walker Haggerty & Behar, LLP, Timothy McDonald against Larry D Simons. priority or extent of lien or other interest in property)),(91 (Declaratory judgment))

(Cont. from 10/22/20)

Docket 1

*** VACATED *** REASON: CONT. TO 5/11/21 @ 2:00 P.M. BY ORDER ENTERED ON 10/5/20 (Doc. 85) - jc

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Elena Rodriguez Represented By

Michael H Colmenares John P Kreis

Defendant(s):

Larry D Simons Represented By Daniel A Lev

Plaintiff(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

Timothy McDonald Represented By Howard Steinberg

Trustee(s):

Larry D Simons (TR) Represented By

9:00 AM

CONT...

Maria Elena Rodriguez

C John M Melissinos Daniel A Lev

Chapter 7

9:00 AM

6:20-14627

Aurelio Felix Barreto, III

Chapter 7

Adv#: 6:20-01179 Whitmore v. Barreto

#2.00

Status Conference re: complaint For: (1) Avoidance of Fraudulent Transfer; (2) Avoidance of Fraudulent Transfer; (3) Avoidance of Fraudulent Transfer; (4) Turnover and Accounting of Estate's Property; (5) Recovery of Avoided Transfer; and (6) Automatic Preservation of Avoided Transfer

Docket 1

*** VACATED *** REASON: CONTINUED TO 2/9/21 BY ORDER ENTERED ON 1/22/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aurelio Felix Barreto III Represented By John P O'Connell

Defendant(s):

Peggy Barreto Pro Se

Plaintiff(s):

Robert Whitmore Represented By

Michelle A Marchisotto

Trustee(s):

Robert Whitmore (TR) Represented By

Michelle A Marchisotto

9:00 AM

8:20-12618

Jose A Chavez, Jr.

Chapter 13

#3.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-9-20

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 18

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Jose A Chavez Jr. Represented By Anthony P Cara

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-12799

Gopal Ram Singh

Chapter 13

#4.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-9-20

Docket 11

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 1-22-21 (DOCKET NO. 29).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gopal Ram Singh Represented By Mariano A Alvarez

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-12872

Melanie Heather Joy Bierig

Chapter 13

#5.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-9-20

[Tele. appr., Misty A. Perry-Isaacson, repr., Debtor] [Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Melanie Heather Joy Bierig Represented By

Misty A Perry Isaacson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-12884

Veronica Toledo

Chapter 13

#6.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-9-20

[Tele. appr., Julie J Villalobos, repr., Debtor]

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 20

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Veronica Toledo Represented By Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-12887

Guillermo Torres Cabrera and Angelica M. Cabrera

Chapter 13

#7.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-9-20

Docket 14

*** VACATED *** REASON: OFF CALENDAR - DISMISSED PER DEBTOR'S MOTION FOR VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 1-21-21 (DOCKET NO. 24).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Guillermo Torres Cabrera Represented By Michael E Clark

Joint Debtor(s):

Angelica M. Cabrera Represented By Michael E Clark

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13073

Anthony Toan Cao

Chapter 13

#8.00

Hearing RE: Confirmation Of Chapter 13 Plan

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Christopher Langley, repr., Debtor]

Docket 25

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Anthony Toan Cao Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13088

Kelly Lee Reeves

Chapter 13

#9.00

Hearing RE: Confirmation Of Chapter 13 Plan

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., James Hornbuckle, repr., Debtor]

Docket 12

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Kelly Lee Reeves Represented By

James D. Hornbuckle

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13257

Sergio Gudino

Chapter 13

#10.00

Hearing RE: Confirmation Of Chapter 13 Plan [Tele. appr., Jaime A. Cuevas, repr., Debtor] [Tele. appr., Michael Franco, repr., Debtor]

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 12

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Sergio Gudino Represented By Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13280

Jeremy P. Frieze

Chapter 13

#11.00

Hearing RE: Confirmation Of Chapter 13 Plan

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 18

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Jeremy P. Frieze Represented By Christine A Kingston

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:15-14357

Romeo J Martinez and Annabelle B Martinez

Chapter 13

#1.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 9-30-20)

(Set per opposition filed 10-13-20)

FR: 12-9-20

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 65

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Motion to Dismiss is denied as moot in view of the Court's granting of Debtor's Motion to Modify the Plan. Alternatively, the Court will permit the Chapter 13 Trustee to withdraw the Motion to Dismiss.

Party Information

Debtor(s):

Romeo J Martinez Represented By Sunita N Sood

10:15 AM

CONT...

Romeo J Martinez and Annabelle B Martinez

Chapter 13

Joint Debtor(s):

Annabelle B Martinez Represented By Sunita N Sood

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-10641

Julie Deann Grooms

Chapter 13

#2.00

Hearing RE: Verified Motion to Dismiss Case Due to Material Default of a Plan Provision

(Motion filed 11-18-20)

Docket 110

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 1-13-21 (DOCKET NO. 113).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Julie Deann Grooms Represented By

Rabin J Pournazarian

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-11403

Rebena F. Balisacan

Chapter 13

#3.00

Hearing RE: Verified Motion to Dismiss Case Due to Material Default of a Plan Provision

(Motion filed 12/7/2020)

Docket 63

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 1-6-21 (DOCKET NO. 65).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rebena F. Balisacan Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-14317

Alexander Rafael Rossel

Chapter 13

#4.00

Hearing RE: Motion for Order Dismissing Chapter 13 Proceeding 11 USC 1307(c)(6)

(Motion filed by 11-25-20)

Docket 61

*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY WITHDRAWAL OF MOTION FILED 1-14-21 (DOCKET NO. 66).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alexander Rafael Rossel Represented By Paul J Kurtzhall

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-11241

Tanya Faye McPeters-Pervis

Chapter 13

#5.00

Hearing RE: Motion for Order Disallowing Claim: (Motion filed 12-9-20)

Claim No. 7-3 Claimant Caliber Home Loans $305,854.19 [Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Bert Briones, repr., Debtor]

[Tele. appr., Tanya Faye McPeters-Pervis, Debtor]

Docket 91

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant/sustain the claim objection and disallow Claim #2. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

10:15 AM

CONT...

Debtor(s):

Tanya Faye McPeters-Pervis

Chapter 13

Tanya Faye McPeters-Pervis Represented By Bert Briones

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-13030

Jason Michael Fatta

Chapter 13

#6.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 8/6/2020)

(Case reassigned from CB on 7-31-20)

(Set per notice of hearing and opposition filed 8-28-20)

FR: 12-9-20

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 77

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Chapter 13 Trustee's views on Debtor's Amended Motion to Modify.

Party Information

Debtor(s):

Jason Michael Fatta Represented By

10:15 AM

CONT...

Trustee(s):

Jason Michael Fatta

Christine A Kingston

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-13871

Amy Marie Foreman

Chapter 13

#7.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 10/27/2020)

(Set per opposition filed 11-25-20)

FR: 12-9-20

Docket 76

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY CHAPTER 13 PLAN ENTERED ON 1-14-21 (DOCKET NO. 85).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Amy Marie Foreman Represented By Stephen S Smyth

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-14694

Jose Jorge Perez

Chapter 13

#8.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 8-6-20)

(Set Per Opposition filed 8-17-20)

[Case transferred from CB on 7/31/2020]

FR: 9-9-20; 11-4-20

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Jaime A. Cuevas, repr., Debtor]

Docket 54

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether the Debtor intends to lodge an order to modify on the terms specified by the Chapter 13 Trustee.

Party Information

10:15 AM

CONT...

Debtor(s):

Jose Jorge Perez

Chapter 13

Jose Jorge Perez Represented By Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-14694

Jose Jorge Perez

Chapter 13

#9.00

CONT'D Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend plan Payments

(Motion filed 10-2-20)

FR: 11-4-20

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Jaime A. Cuevas, repr., Debtor]

Docket 60

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether the Debtor intends to lodge an order granting Debtor's motion to modify on the terms specified by the Chapter 13 Trustee.

Party Information

Debtor(s):

Jose Jorge Perez Represented By Jaime A Cuevas Jr.

10:15 AM

CONT...

Trustee(s):

Jose Jorge Perez

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-10264

Mindy Gay Kennedy Alvarez

Chapter 13

#10.00

CONT'D Hearing RE: Creditor's Motion for New Hearing or New Consideration of Motion to Reopen Case, Or in the Alternative, For Relief From Order (Motion filed 10-13-20)

FR: 11-4-20

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Ryan M. Davies, repr., Debtor]

Docket 155

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court continues this hearing to April 29, 2021 at 10:15 a.m. COURT TO PREPARE ORDER.

Party Information

10:15 AM

CONT...

Debtor(s):

Mindy Gay Kennedy Alvarez

Chapter 13

Mindy Gay Kennedy Alvarez Represented By

Misty A Perry Isaacson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-11549

Joann Marie Brown

Chapter 13

#11.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 12/9/2020)

(Set per opposition filed 12-22-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Andrew Moher, repr., Debtor]

Docket 105

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Chapter 13 Trustee's views on Debtor's Motion to Modify the Plan, filed January 19, 2021.

Party Information

Debtor(s):

Joann Marie Brown Represented By Andrew Moher

10:15 AM

CONT...

Trustee(s):

Joann Marie Brown

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-13760

Juana Pierda Mondragon

Chapter 13

#12.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 12/09/2020)

(Set per opposition filed 12-17-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 124

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the Motion to Dismiss (or permit the Chapter 13 Trustee to withdraw it) based upon the entry of an order granting Debtor's Motion to Modify the Plan.

Party Information

Debtor(s):

Juana Pierda Mondragon Represented By Bryn C Deb

10:15 AM

CONT...

Trustee(s):

Juana Pierda Mondragon

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-10221

Gary Hernandez

Chapter 13

#13.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 12/9/2020)

(Set per opposition filed 12-22-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Fritz J. Firman, repr., Debtor]

Docket 94

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether the Debtor is agreeable to the conditions for approval of Debtor's Motion to Modify the Plan as stated by the Chapter 13 Trustee.

Party Information

Debtor(s):

Gary Hernandez Represented By Joseph A Weber

10:15 AM

CONT...

Trustee(s):

Gary Hernandez

Fritz J Firman

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-12334

Anthony Thomas Codispoti

Chapter 13

#14.00

Hearing RE: Verified Motion to Dismiss Case Due to Material Default of a Plan Provision

(Motion filed 11-10-20)

(Set per opposition filed 11-23-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Christopher Langley, repr., Debtor]

Docket 41

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether the Debtor is in agreement that Debtor's motion to modify the plan should be granted on the conditions stated by the Chapter 13 Trustee.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

10:15 AM

CONT...

Debtor(s):

Anthony Thomas Codispoti

Chapter 13

Anthony Thomas Codispoti Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-13588

Raymond Coleman Mathews and Sheryl Lyn Mathews

Chapter 13

#15.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 12/9/2020)

(Set per opposition filed 12-23-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Chantal Van Ongevalle, repr., Debtor]

Docket 44

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

10:15 AM

CONT...

Debtor(s):

Raymond Coleman Mathews and Sheryl Lyn Mathews

Chapter 13

Raymond Coleman Mathews Represented By

Raj T Wadhwani

Joint Debtor(s):

Sheryl Lyn Mathews Represented By

Raj T Wadhwani

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-14229

Joseph Cabugao Pahl

Chapter 13

#16.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 8/7/2020)

(Opposition filed 8-17-20)

(Set per notice filed 12-29-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 40

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether the Chapter 13 Trustee agrees with the Debtor's assertions regarding payment reconciliation.

Party Information

Debtor(s):

Joseph Cabugao Pahl Represented By Chris T Nguyen

10:15 AM

CONT...

Trustee(s):

Joseph Cabugao Pahl

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-14766

Daniel Steven Tetter

Chapter 13

#17.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 11/10/2020)

(Set per opposition filed 11-24-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Christopher Langley, repr., Debtor]

Docket 47

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Daniel Steven Tetter Represented By

10:15 AM

CONT...

Trustee(s):

Daniel Steven Tetter

Christopher J Langley

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-10248

Clarence Lamar Dickinson and Shavon Laraine Dickinson

Chapter 13

#18.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 8/6/2020)

(Set per notice of hearing and opposition filed 10-15-20)

FR: 12-9-20

Docket 42

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 12-22-20. (DOCKET NO. 56).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Clarence Lamar Dickinson Represented By Christopher J Langley

Joint Debtor(s):

Shavon Laraine Dickinson Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-10255

Peggy Lee Smith

Chapter 13

#19.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 12/9/2020)

(Set per notice and opposition filed 12-27-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee] [Tele. appr., Leonard Pena, repr., Debtor]

Docket 59

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Peggy Lee Smith Represented By

10:15 AM

CONT...

Trustee(s):

Peggy Lee Smith

Leonard Pena

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-10412

Cynthia Bray Dimel

Chapter 13

#20.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 11/10/2020)

(Set per opposition filed 11-24-20)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

[Tele. appr., Diane V. Weifenbach, repr., U.S. Bank N.A., Creditor]

Docket 48

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Cynthia Bray Dimel Represented By

10:15 AM

CONT...

Trustee(s):

Cynthia Bray Dimel

Christopher J Langley

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-11588

Veronica Kilada

Chapter 13

#21.00

Hearing RE: Motion for Order Authorizing Allowance of Chapter 7 Administrative Fees and Expenses by Karen Sue Naylor

(Motion filed 11-23-20)

[Fees: $10,00000, Expenses: $6.80]

Docket 73

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MARCH 25, 2021 AT 10:15 AM ENTERED 1

-21-21. (DOCKET NO. 91).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-11588

Veronica Kilada

Chapter 13

#22.00

Hearing RE: First and Final Application for Fees and Reimbursement of Expenses from the period of August 26, 2020 through October 19, 2020

(Motion filed 11-24-20)

[RE: The Law Office of Thomas H. Casey - Attorney for Former Ch. 7 Trustee]

[Fees: $23,430.50; Expenses $655.68]

Docket 75

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MARCH 25, 2021 AT 10:15 AM ENTERED 1

-21-21. (DOCKET NO. 91).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-12799

Gopal Ram Singh

Chapter 13

#23.00

Hearing RE: Debtor's Objection to Proof of Claim: (Motion filed 12-28-20)

Claim No. 2 The Department of the Treasury - IRS $5,595.08

Docket 20

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 1-22-21 (DOCKET NO. 29).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gopal Ram Singh Represented By Mariano A Alvarez

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-12799

Gopal Ram Singh

Chapter 13

#24.00

Hearing RE: Debtor's Objection to Proof of Claim: (Motion filed 12-28-20)

Claim No. 3 The Employment Development Department $156.00

Docket 22

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 1-22-21 (DOCKET NO. 29).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gopal Ram Singh Represented By Mariano A Alvarez

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-10738

Alfredo Alvarado

Chapter 13

#25.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C.-1307(c))

(Motion filed 1-6-21)

(Set per opposition filed 1-12-21)

[Tele. appr., Jay K. Chien, repr., Amrane Cohen, Trustee]

Docket 83

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Alfredo Alvarado Represented By Norma Duenas

10:15 AM

CONT...

Trustee(s):

Alfredo Alvarado

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:18-10415

Judith Anne Anderson

Chapter 13

#1.00

Motion for relief from stay [Real Property]

U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust vs DEBTOR

(Motion filed 1-11-21)

[RE: 28281 Paseo Establo, San Juan Capistrano, CA 92675]

Docket 65

*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED 1-19-2021 (DOCKET NO. 67).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Judith Anne Anderson Represented By

Misty A Perry Isaacson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:19-10737

Carlos Ernesto Herrera and Edna Lilian Velado

Chapter 13

#2.00

Motion for relief from stay [Personal Property]

Mercedes-Benz Financial Services USA LLC (Motion filed 1-14-21)

[RE: 2014 Mercedes-Benz E350W - VIN No.: WDDHF5KB0EA954493]

Docket 86

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING ADEQUATE PROTECTION AGREEMENT ENTERED ON 2-4-21 (DOCKET NO. 91).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carlos Ernesto Herrera Represented By Norma Duenas

Joint Debtor(s):

Edna Lilian Velado Represented By Norma Duenas

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13375

Julio Cesar Martinez Marin

Chapter 7

#3.00

Motion for relief from stay [Personal Property]

Santander Consumer USA Inc. vs DEBTOR (Motion filed 1-7-2021)

[RE: 2015 Nissan Altima - VIN No.: 1N4AL3AP2FN372546]

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) based upon the statement of intention to surrender the subject property. The movant, its successors, transferees and assigns, may enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C.

§ 501.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Julio Cesar Martinez Marin

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Julio Cesar Martinez Marin Represented By Steven Ibarra

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:20-13462

Claudia Rosalba Alvarez

Chapter 7

#4.00

Motion for relief from stay [Personal Property]

TD Auto Finance, LLC vs DEBTOR (Motion filed 1-8-21)

[RE: 2019 Chevrolet Impala - VIN No.: 2G11Z5S30K9105587]

Docket 8

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Claudia Rosalba Alvarez

Party Information

Chapter 7

Claudia Rosalba Alvarez Represented By

Rabin J Pournazarian

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:20-12671

Robert Jones

Chapter 7

#5.00

CONT'D Evidentiary Hearing on Motion for relief from stay [Real Property]

Lima One Capital LLC d/b/a Investor Lending USA, its successors and/or assignees vs DEBTOR

(Motion filed 10-14-20)

[RE: 4431-4433 Victoria Park Place, Los Angeles, CA 90019]

FR: 11-9-20

Docket 17

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES/CASE COMMENCEMENT DOCUMENTS ENTERED ON 11-17-20 (DOCKET NO. 36).

Tentative Ruling:

Party Information

Debtor(s):

Robert Jones Pro Se

Movant(s):

Lima One Capital LLC d/b/a Represented By

Erica T Loftis Pacheco

Trustee(s):

Richard A Marshack (TR) Pro Se

2:00 PM

8:16-11073

Karen Lee Davis

Chapter 7

#1.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 1/7/2021)

[RE: Weneta M.A. Kosmala, Chapter 7 Trustee] [Fees: $2,074.91; Expenses: $144.60]

[RE: Law Offices of Weneta M.A. Kosmala, Attorney for Chapter 7 Trustee] [Fees: $7,000.00; Expenses: $231.87]

[RE: Hahn Fife & Company, Accountant] [Fees: $1,000.00; Expenses: $0.0]

Docket 59

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Karen Lee Davis

Chapter 7

moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).

The compensation is approved as to the Trustee, with fees in the amount of $2,074.91 and expenses in the amount of $144.60.

The compensation is approved as to the Law Offices of Weneta Kosmala, with fees in the amount of $7,000.00 and expenses in the amount of $231.87.

The compensation is approved as to Hahn Fife & Company, with fees in the amount of $1,000.00 and expenses in the amount of $0.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Karen Lee Davis Represented By Joseph M Tosti

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Erin P Moriarty

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds

[S/C RE: Plaintiff's action against South Coast Behavioral Health, Inc., Reliable Fast Cash, LLC, FID Funding and BMF Capital, LLC]

[Ikhan Capital, LLC AND Bridge Funding Capital, LLC, West Coast Business Capital LLC - DISMISSED]

(Complaint Filed 8/8/19)

(Another Summons issued 11/13/19) FR: 11-6-19; 11-27-19; 1-29-20; 9-16-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Based upon the SEC action against CBSG and the District Court's litigation stay, the Court will continue the status conference to July 14, 2021 at 9:00 a.m. An updated status report is due June 30, 2021.

COURT TO PREPARE ORDER.

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Party Information

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Defendant(s):

South Coast Behavioral Health, Inc. Pro Se

Reliable Fast Cash LLC Represented By Steven R Fox

Ikhan Capital LLC, Represented By Karel G Rocha

Bridge Funding Capital LLC, Represented By Karel G Rocha

FID Funding Represented By

David B Zolkin

BMF Capital LLC Represented By David B Zolkin

Plaintiff(s):

Complete Business Solutions Group, Represented By

Keith C Owens

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#3.00

CONT'D Hearing RE: Amended Motion For Order Disallowing Proof of Claim (Motion filed 10-12-20)

(Amended motion filed 10-15-20)

Claim No. 6 App Group International LLC dba FID Funding $217,355.00 FR: 11-30-20

Docket 632

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO APPROVE SETTLEMENT AGREEMENT WITH APP GROUP INTERNATIONAL, LLC PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9019 AND LOCAL BANKRUPTCY RULE 9013-1(o) ENTERED ON 2-8-21 (DOCKET NO. 782).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#4.00

CONT'D Hearing RE: Motion For Order Disallowing Proof of Claim (Motion filed 10-15-20)

Claim No. 35-1 BMF Capital $340,000.00 FR: 11-30-20

Docket 635

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO APRIL 19, 2021 AT 2:00 PM ENTERED ON 1-26-21 (DOCKET NO. 738).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#5.00

Hearing RE: Motion to Assume Executory Contract With Robinson Pharma, Inc. Pursuant to 11 U.S.C. Section 365(a)

(Motion filed 12-24-20)

(Opposition filed 1-11-21) (Notice of hearing filed 1-13-21)

Docket 17

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED 1-26-21 (DOCKET NO. 57).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 11

#6.00

Hearing RE: Motion for Order Extending Debtor's Exclusivity Period to File a Chapter 11 Plan of Reorganization

(Motion filed 1-18-21)

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee] [Tele. appr., Roksana D. Moradi-Brovia, repr., Debtor]

Docket 42

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion and finds "cause" to extend exclusivity based upon the statements in the Codding Declaration. However, this will likely be the last extension of exclusivity in this case.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By

2:00 PM

CONT...

Northern Holding, LLC

Matthew D. Resnik Roksana D. Moradi-Brovia

Chapter 11

9:00 AM

6:19-17108

Brian Garoutte

Chapter 7

Adv#: 6:19-01161 Alaska USA Federal Credit Union v. Garoutte et al

#1.00

CONT. PRE-TRIAL CONFERENCE re: Complaint by Alaska USA Federal Credit Union against Brian Garoutte. (a)(6); §§727(a)(2), (a)(4) and (a)(5) (Attachments: # 1 Adversary Coversheet # 2 Summons and Notice of Status # 3 Exhibit A & B) Nature of Suit: (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))

From: 11/12/20

Docket 1

*** VACATED *** REASON: ORDER GRANTING MOTION TO DISMISS COMPLAINT ENTERED ON 11/25/20

Tentative Ruling:

Party Information

Debtor(s):

Brian Garoutte Represented By Kevin Tang

Defendant(s):

Brian Garoutte Represented By Krystina T Tran

Mollie Garoutte Represented By Krystina T Tran

Joint Debtor(s):

Mollie Garoutte Represented By Kevin Tang

Plaintiff(s):

Alaska USA Federal Credit Union Represented By

9:00 AM

CONT...

Trustee(s):

Brian Garoutte

Bonni S Mantovani

Chapter 7

Karl T Anderson (TR) Pro Se

9:00 AM

6:19-19061

Juan Manuel Ponce Torres and Maria Jesus Yepez Ortiz

Chapter 7

#2.00

Sheryl K. Ith - movant attorney Motion for relief from Stay

American Financial Services, Inc vs DEBTORS, Charles Daff, Trustee (Motion filed 1/13/21)

Re: 2015 Chevrolet Silverado 1500, VIN: 1GCRCRECXFZ242434

Docket 32

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Juan Manuel Ponce Torres and Maria Jesus Yepez Ortiz

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Juan Manuel Ponce Torres Represented By Lauren M Foley

Joint Debtor(s):

Maria Jesus Yepez Ortiz Represented By Lauren M Foley

Movant(s):

AmeriCredit Financial Services, Inc. Represented By

Sheryl K Ith

Trustee(s):

Charles W Daff (TR) Pro Se

9:00 AM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#3.00

CONT Hrg. on Debtor's Objection to Claim of Lexington National Insurance Company (Claim 16) and motion for order for partial disallowance of claim or, alternatively, for an evidentiary hearing to establish value, and for order requiring parties to establish procedures to estimate or liquidate Lexington National Insurance Company Contingent Claims filed by

(Cont. from 10/20/20)

Docket 127

*** VACATED *** REASON: CLAIM OBECTION DISMISSED WITHOUT PREJUDICE ON 10/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro

Movant(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro

Trustee(s):

Caroline Renee Djang (TR) Represented By Caroline Djang

9:00 AM

6:20-14627

Aurelio Felix Barreto, III

Chapter 7

Adv#: 6:20-01179 Whitmore v. Barreto

#4.00

CONT. Status Conference re: complaint For: (1) Avoidance of Fraudulent Transfer; (2) Avoidance of Fraudulent Transfer; (3) Avoidance of Fraudulent Transfer; (4) Turnover and Accounting of Estate's Property; (5) Recovery of Avoided Transfer; and (6) Automatic Preservation of Avoided Transfer

From: 1/28/21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES REQUIRED.

The Court will issue the following scheduling order:

All discovery shall close on May 31, 2021.

All discovery motions shall be heard before June 30, 2021.

All pretrial motions (except motions in limine) shall be heard before July 31, 2021. Pretrial conference is set for September 7, 2021 at 9:00 a.m.

9:00 AM

CONT...

Aurelio Felix Barreto, III

Chapter 7

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Aurelio Felix Barreto III Represented By John P O'Connell

Defendant(s):

Peggy Barreto Pro Se

Plaintiff(s):

Robert Whitmore Represented By

Michelle A Marchisotto

Trustee(s):

Robert Whitmore (TR) Represented By

Michelle A Marchisotto

2:00 PM

6:17-18961

Joseph Edward Putney and Julie Anna Putney

Chapter 7

#1.00

CONT Hrg. on Order to Show Cause Re: Ming Cong Dang

(Cont. from 7/22/20)

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court has regained jurisdiction over this matter in view of the District Court's dismissal of Mr. Dang's appeal.

The Court will now go forward with the OSC. The Hearing on the OSC is continued to March 23, 2021 at 2:00 p.m. Any opposition to the OSC shall be filed on or before February 23, 2021. Any reply to an opposition shall be filed on or before March 9, 2021.

For reference, the OSC is Docket No. 24, and was filed July 18, 2019.

2:00 PM

CONT...

Joseph Edward Putney and Julie Anna Putney

Chapter 7

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Joseph Edward Putney Represented By Jenny L Doling Summer M Shaw

Joint Debtor(s):

Julie Anna Putney Represented By Jenny L Doling Summer M Shaw

Trustee(s):

Todd A. Frealy (TR) Pro Se

2:00 PM

6:18-18731

Scott Shih Lee

Chapter 7

#2.00

Chapter 7 Trustee's Motion filed 1/7/21 to Approve Compromise Under Rule 9019 with 3XM Development, LLC and Lance Richard Hall

Docket 225

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion and approve the settlement agreement. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Scott Shih Lee Represented By Ronald D Halpern

Trustee(s):

Robert Whitmore (TR) Represented By

D Edward Hays Tinho Mang Ronald D Halpern

2:00 PM

CONT...

Scott Shih Lee

Chad V Haes

Chapter 7

2:00 PM

6:19-16545

DDI Distribution of California LLC

Chapter 7

#3.00

CONT Hrg. on Debtor's Motion for Turnover of Property of Debtor's Ongoing Business Operations and Premises, or Alternatively, Directing Turnover of All Accounting Records and Payment of All Net Profits of the Debtor to the Trustee Since the Petition Date

(Cont. from 9/8/20, 10/17/20, 11/17/20)

Docket 37

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED 1/28/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

DDI Distribution of California LLC Represented By

Mark E Brenner

Movant(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander

Trustee(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#4.00

CONT. Hrg. on creditor, Akbar Razavi's Motion filed 10/8/20 to Remove the Debtor from Possession and Either Order the Appointment of a Chapter 11 Trustee or the Expansion of the Subchapter V Trustee's Authorities and Duties

From: 11/3/20,12/22/20

Docket 81

*** VACATED *** REASON: CONTINUED TO 4/13/21 AT 2:00 P.M. BY ORDER ENTERED ON 1/29/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden

Movant(s):

Akbar Razavi Represented By Todd L Turoci

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

9:00 AM

8:15-15311

Freedom Communications, Inc.

Chapter 11

Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint:

For Damages;
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B);
And
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04, 3439.05 And 3439.07; And

Jury Trial Demand (Complaint filed 1/26/17)

FR: 4-19-17; 6-21-17; 8-2-17; 12-13-17; 2-7-18; 2-5-18; 12-12-18; 5-31-19;

9-4-19; 2-12-20; 6-17-20; 10-21-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to April 28, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Freedom Communications, Inc.

Chapter 11

Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman

Christopher J Green Caroline Djang Scott D Fink

Reed M Mercado Jeffrey W Dulberg

Defendant(s):

Aaron Kushner Represented By Erinn M Contreras

Eric Spitz Represented By

Christopher B Queally James M Sabovich Raphael Cung

Richard J. Covelli Represented By Robert S Marticello Matthew T Furton

Traci M. Christian Represented By Matthew T Furton Brandon J Witkow

C & C Marketing LLC Represented By Robert S Marticello Matthew T Furton

C2 Advisors, LLC Represented By Robert S Marticello Matthew T Furton

Etaros Actuarial Services LLC Represented By Matthew T Furton Brandon J Witkow

9:00 AM

CONT...

Freedom Communications, Inc.

Chapter 11

JTR, LLC Represented By

Robert S Marticello Matthew T Furton

Plaintiff(s):

Official Committee of Unsecured Represented By

Alan J Kornfeld Elissa A Wagner

9:00 AM

8:18-10013

Fred Asafu-Adjaye and Esther Asafu-Adjaye

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 1/3/18)

FR: 3-7-18, 7-11-18; 10-24-18;11-14-18; 12-12-18; 5-8-19; 6-19-19; 8-14-19;

10-30-19; 11-27-19; 12-4-19; 3-25-20; 12-16-20

Docket 13

*** VACATED *** REASON: OFF CALENDAR - ORDER CLOSING CASE ON AN INTERIM BASIS ON 5-19-20 (DOCKET NO. 197).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fred Asafu-Adjaye Represented By Lionel E Giron

Crystle Jane Lindsey Joanne P Sanchez

Joint Debtor(s):

Esther Asafu-Adjaye Represented By Lionel E Giron

Crystle Jane Lindsey Joanne P Sanchez

9:00 AM

8:18-10905

Michael William Devine

Chapter 7

Adv#: 8:19-01095 The United States Trustee For Region 16 v. Devine

#3.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debtor Pursuant to 11 U.S.C. Section 72711 U.S.C. Section 727 (Complaint filed 5/28/19)

(PTC set at S/C held 8-14-19)

FR: 8-14-19; 3-18-20; 6-24-20; 8-26-20; 11-30-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court remains closed for non-emergency matters. The Court will continue this hearing as a status conference only to April 21, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Michael William Devine Represented By

9:00 AM

CONT...

Michael William Devine

Christopher J Langley

Chapter 7

Defendant(s):

Michael William Devine Represented By Christopher J Langley Donald W Reid

Plaintiff(s):

The United States Trustee For Represented By Frank Cadigan

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:19-14527

Anthony Afshin Kashani

Chapter 7

Adv#: 8:20-01030 Golden, Chapter 7 Trustee v. Lewis et al

#4.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

Avoidance Of Unrecorded Interest In Property Of The Estate Pursuant To 11 U.S.C. Section 544(a)(3);
Recovery Of Avoided Unrecorded Interest Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Unrecorded Interest Pursuant To 11 U.S.C.
Section 551; And
Declaratory Relief (Complaint filed 3/18/2020)

FR: 7-8-20; 7-15-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court continues the status conference to May 26, 2021 at 9:00 a.m. to permit settlment discussions to continue. An updated status report is due May 12, 2021.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

Anthony Afshin Kashani

Party Information

Chapter 7

Anthony Afshin Kashani Represented By Mirsaied Kashani

Defendant(s):

Jeff Lewis Represented By

Craig J Beauchamp

Patti Lewis Represented By

Craig J Beauchamp

Plaintiff(s):

Jeffrey I. Golden, Chapter 7 Trustee Represented By

Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur

9:00 AM

8:20-12016

Robert Chester Underwood

Chapter 11

#5.00

CONT STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 7/17/2020)

FR: 9-23-20

Docket 14

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

The Court will continue the status conference to July 21, 2021 at 9:00 a.m. An updated status report is due July 7, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Robert Chester Underwood Represented By

9:00 AM

CONT...

Robert Chester Underwood

Michael Jones

Chapter 11

9:00 AM

8:20-13309

Richard Lawrence Spix

Chapter 11

#6.00

STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

The Court will set the bar date at April 23, 2021 and require notice of the bar date to be filed and served on or before February 17, 2021.

Next status conference: July 14, 2021 at 9:00 a.m. An updated status report is due June 30, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Richard Lawrence Spix Represented By

9:00 AM

CONT...

Richard Lawrence Spix

Brett Ramsaur

Chapter 11

9:00 AM

8:20-13335

Heartwise Incorporation

Chapter 11

#7.00

STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: April 7, 2021 at 9 a.m. An updated status report is due March 24, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise Incorporation Represented By Michael Jay Berger

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01099 Golden v. Syndimate 2017, LP et al

#8.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers

(Complaint filed 6/10/2020) FR: 8-26-20; 9-23-20; 11-4-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In the absence of a status report, the Court, determining that it cannot conduct a meaningful status conference without a status report, continues this status conference to October 27, 2021 at 9:00 a.m. An updated status report is due October 1, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

9:00 AM

CONT...

US Direct LLC

Chapter 7

Defendant(s):

Syndimate 2017, LP Pro Se

Syndimate, LLC Pro Se

Fundomate, Inc. Pro Se

Funders Cloud, LLC Pro Se

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01081 Golden v. Tesla Finance, LLC et al

#9.00

CONT STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers

(Complaint filed 5/14/20) FR: 8-12-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to July 14, 2021 at 9:00 a.m. to allow settlement discussions to proceed. An updated status report is due June 30, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

9:00 AM

CONT...

US Direct LLC

Chapter 7

Defendant(s):

Tesla Finance, LLC Pro Se

Tesla, Inc. Pro Se

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01081 Golden v. Tesla Finance, LLC et al

#10.00

CONT'D Hearing RE: Plaintiff's Motion for Default Judgment Under LBR 7055-1 (Motion filed 11-25-20)

FR: 12-16-20

Docket 15

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the Motion as moot. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Tesla Finance, LLC Pro Se

9:00 AM

CONT...

US Direct LLC

Chapter 7

Tesla, Inc. Pro Se

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01081 Golden v. Tesla Finance, LLC et al

#11.00

Hearing RE: Motion to Set Aside the Entry of Default of Defendants Tesla Finance, LLC and Tesla, Inc. to Plaintiff Jeffrey I. Golden, Chapter 7 Trustee's Adversary Complaint

(Motion filed 12-15-20)

Docket 18

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and vacate the default.

Continue the status conference to May 12, 2021 at 9:00 a.m. An updated status report is due April 28, 2021.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

US Direct LLC Pro Se

9:00 AM

CONT...

US Direct LLC

Chapter 7

Defendant(s):

Tesla Finance, LLC Represented By

David Samuel Shevitz

Tesla, Inc. Represented By

David Samuel Shevitz

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01067 Golden v. Capital One Bank (USA), N.A.

#12.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers

(Complaint filed 4/30/2020) FR: 7-22-20, 8-12-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION DISMISSING ADVERSARY PROCEEDING ENTERED ON 10/29/20 (DOCKET NO. 18).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Capital One Bank (USA), N.A. Represented By Jared D Bissell

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:18-11759

Chester Davenport

Chapter 7

Adv#: 8:18-01155 Naylor v. Sun et al

#13.00

CONT'D PRE-TRIAL STATUS CONFERENCE Hearing RE: Chapter 7

Trustee's First Amended Complaint Against Bianca Sun And Yan Yu Sun For:

Imposition Of Resulting Trust;
Imposition Of Constructive Trust;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A) Of An Interest In Real Property;
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B) Of An Interest In Real Property;
Avoidance Of Preferential Transfer Under 11 U.S.C. Section 547;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 544 And 28 U.S.C. Section 3304 Of An Interest In Real Property;
Recovery Of Transfers from Bianca Of An Interest In Real Property Per 11
U.S.C. Section 550;
Recovery Of Transfer from Yan Of An Interest In Real Property Per 11
U.S.C. Section 550;
Judgment Quieting Title;
Declaratory Relief;
Turnover Of Rental Value Pursuant To 11 U.S.C. Section 542;
Turnover Of Interest In Real Property Which Is Property Of The Estate Pursuant To 11 U.S.C. Section 542;
Avoidance Of Post-Petition Transfer Pursuant To 11 U.S.C. Section 549(a) Against Bianca Regarding 2014 Land Rover;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Sections 548, 550 And CCCP Section 3439 Et Seq Against Bianca Regarding 2014 Land Rover;
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Sections 544, 548 And CCCP Section 3439 Et Seq Against Bianca Regarding 2014 Land Rover; And,
Recovery Of Transfer Of An Interest In A 2014 Land Rover Per 11 U.S.C.

Section 550 (Complaint filed 8/3/18)

(Amended Complaint filed 3/25/19)

(Summons Issued On Amended Complaint On 3/25/19) (PTC set at S/C held 7/17/19)

9:00 AM

CONT...

Chester Davenport

Chapter 7

FR: 10-24-18; 3-27-19; 6-19-19; 7-17-19; 4-15-20; 7-15-20; 8-19-20; 10-7-20;

11-18-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER VACATING PRE-TRIAL CONFERENCE ENTERED ON 11-25-20 (DOCKET NO. 256).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

Defendant(s):

Bianca Sun Represented By

Victor S Korechoff Eugene S Fu

Yan Yu Sun Represented By

Victor S Korechoff Eugene S Fu

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey

9:00 AM

8:19-10198

Allan Eli Gindi and Carol June Gindi

Chapter 11

#14.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 1/18/19)

FR: 3-20-19; 8-14-19; 12-4-19; 1-23-20; 2-24-20; 5-6-20; 7-8-20; 9-23-20;

12-16-20

Docket 10

*** VACATED *** REASON: OFF CALENDAR - STATUS CONFERENCE TAKEN OFF CALENDAR PER HEARING ON MOTION FOR FINAL DECREE HELD ON 1-11-21.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum

Joint Debtor(s):

Carol June Gindi Represented By Michael G Spector Vicki L Schennum

Candice Candice Bryner

9:00 AM

8:19-13068

Antonio Espinoza Muro

Chapter 7

Adv#: 8:19-01208 Marshack v. Vasquez et al

#15.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:

Avoidance Of Fraudulent Transfer;
Avoidance Of Fraudulent Transfer; And
Recovery Of Avoided Transfers (Complaint filed 10/17/19)

(PTC set at S/C held 5/20/20) FR: 1-22-20; 3-11-20; 5-20-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY CASE ENTERED ON 9-11-20 (Docket No. 34)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Antonio Espinoza Muro Represented By

J.D. Cuzzolina

Defendant(s):

Maribel Carolyn Muro Vasquez Represented By

J.D. Cuzzolina

Maribel Carolyn Muro Vasquez, as Represented By

J.D. Cuzzolina

Plaintiff(s):

Richard A Marshack Represented By Michael G Spector

Trustee(s):

Richard A Marshack (TR) Represented By

9:00 AM

CONT...

Antonio Espinoza Muro

Michael G Spector

Chapter 7

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al

#16.00

STATUS CONFERENCE Hearing RE: First Amended Complaint:

Declaratory Relief (The Reserve)
Declaratory Relief (Mechanic;s Lien Priority)
Enforcement of Stop Payment
Breach of Implied Warranty of Authority

6. Fraud in the Inducment (Amended Complaint filed 11-11-20)

Docket 27

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO FEBRUARY 24, 2021 AT 9:00 AM ENTERED ON 11-16-20 (DOCKET NO. 34).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Bridge Loan Financial, Inc. Pro Se

Steven Perkins Pro Se

239 Carnation, LLC Represented By Beth Gaschen

Mola Builders, Inc. Pro Se

Plaintiff(s):

Fineline Woodoworking, Inc. Represented By James A Hayes Jr

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Eoin L Kreditor

Chapter 11

10:00 AM

8:20-13041

Maria de Lourdes Lara-Capetillo

Chapter 7

#1.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor And American Honda Finance Corp.

(Reaffirmation filed 1-7-21)

[RE: 2016 Honda CRV - Amount: $17,477.94] [VIN No.: 2HKRM3H56GH560728]

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Maria de Lourdes Lara-Capetillo Represented By

Marlin Branstetter

10:00 AM

CONT...

Trustee(s):

Maria de Lourdes Lara-Capetillo

Chapter 7

Weneta M.A. Kosmala (TR) Pro Se

10:00 AM

8:20-13241

Albert Policarpio Doon and Phyllis Dean Doon

Chapter 7

#2.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union

(Reaffirmation filed 12-31-20)

[RE: 2011 Mercedes-Benz C-Class - Amount: $9,194.57] [VIN No.: WDDGF5EB0BA513840]

Docket 25

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Albert Policarpio Doon Represented By Daniela P Romero

10:00 AM

CONT...

Albert Policarpio Doon and Phyllis Dean Doon

Chapter 7

Joint Debtor(s):

Phyllis Dean Doon Represented By Daniela P Romero

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

10:00 AM

8:20-13241

Albert Policarpio Doon and Phyllis Dean Doon

Chapter 7

#3.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union

(Reaffirmation filed 12-31-20)

[RE: 2015 Honda Civic - Amount: $10,653.33] [VIN No.: 2HGFG3B87FH505680]

Docket 28

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Albert Policarpio Doon Represented By Daniela P Romero

10:00 AM

CONT...

Albert Policarpio Doon and Phyllis Dean Doon

Chapter 7

Joint Debtor(s):

Phyllis Dean Doon Represented By Daniela P Romero

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#1.00

Hearing RE: Motion By Official Committee of Unsecured Creditors for Order:

Approving Disclosure Statement for Committee's Plan of Reorganization. (2) Establishing Voting, Plan Confirmation, and Other Procedures. (3) Scheduling Plan Confirmation Hearing and Setting Other Related Dates and Deadlines. (4) Providing Other Ancillary and Related Relief.

(Motion filed 1-15-21)

and

Hearing RE: Adequacy of Disclosure Statement Describing Plan of Reorganization filed by The Official Committee of Unsecured Creditors of Meade Instruments Corp.

(D.S filed 12-30-20)

(Plan filed 12-30-20)

Docket 333

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether the changes to the disclosure statement discussed in the Committee's reply satisfy SMRH's concerns about adequacy of the disclosure statement.

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Party Information

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#2.00

CONT'D Hearing RE: Scheduling And Case Management Conference (Petition filed 12/4/2019)

[Case transferred from CB on 7/29/2020]

FR: 12-11-19; 12-12-19; 1-29-20; 3-25-20; 6-24-20; advanced from 9-23-20;

9-23-20; 1-20-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

9:00 AM

6:19-17552

RVT Inc

Chapter 11

#1.00

CONT Hrg. on Chapter 11 Status Conference From: 11/5/2020

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements and whether the Debtor expects to present a consensual plan.

Next status conference: July 6, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

RVT Inc Represented By

Julie J Villalobos

2:00 PM

6:12-22710

Peter Currie and Connie Currie

Chapter 7

#1.00

Hrg. on Motion filed 1/8/21 to Avoid Lien JUDICIAL LIEN with Wells Fargo Bank, National Association

234 N. Laurel Ave., Upland, CA 91786

Docket 144

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Peter Currie Represented By

Aram Ordubegian M Douglas Flahaut

W. Derek May

2:00 PM

CONT...

Peter Currie and Connie Currie

Chapter 7

Joint Debtor(s):

Connie Currie Represented By Aram Ordubegian

M Douglas Flahaut

W. Derek May

Trustee(s):

Robert Whitmore (TR) Pro Se

2:00 PM

6:12-22710

Peter Currie and Connie Currie

Chapter 7

#2.00

Hrg. on Motion filed 1/8/21 to Avoid Lien JUDICIAL LIEN with Wells Fargo Bank, National Association

225 N. Euclid Ave., Upland, CA 91786

Docket 143

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Peter Currie Represented By

Aram Ordubegian M Douglas Flahaut

W. Derek May

2:00 PM

CONT...

Peter Currie and Connie Currie

Chapter 7

Joint Debtor(s):

Connie Currie Represented By Aram Ordubegian

M Douglas Flahaut

W. Derek May

Trustee(s):

Robert Whitmore (TR) Pro Se

9:00 AM

8:18-10905

Michael William Devine

Chapter 7

Adv#: 8:18-01121 Getson et al v. Devine

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine The Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(a) Complaint filed 6/29/18)

(PTC set at S/C held 3/13/19)

(S/C set per Order Entered 6-7-19)

FR: 9-19-18; 3-13-19; 6-19-19; 12-18-19, 8-12-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO AUGUST 4, 2021 AT 9:00 AM ENTERED ON 2-3-21 (DOCKET NO. 28).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael William Devine Represented By Christopher J Langley

Defendant(s):

Michael William Devine Represented By Christopher J Langley

Plaintiff(s):

Lisa Getson Represented By

Mitchell B Hannah

Todd Lansinger Represented By Mitchell B Hannah

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

CONT...

Michael William Devine

Chapter 7

9:00 AM

8:19-11047

Eric Wayne Mydland

Chapter 7

Adv#: 8:20-01163 Marshack v. Tom Lange Company International, Inc. et al

#2.00

STATUS CONFERENCE Hearing RE: Complaint for:

Avoidance of Preferential Transfer Pursuant to 11 U.S.C. Sec. 547
Avoidance of a Post-Petition Transfer Pursuant to 11 U.S.C. Sec. 549
Determination of the Liability of Transferee for the Avoidaded Transfer Pursuant to 11 U.S.C. Sec. 550
Turnover of Property Pursuant to 11 U.S.C. Sec. 542 & 543
Recovation of Discharge as to Debtor Eric Mydland 11 U.S.C. Sec. 727(d) (Complaint Filed 11-30-20)
(Defendant Eric Wayne Mydland Dismissed on 2-11-21)

Docket 1
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will issue a scheduling order:
1. All discovery closes July 31, 2021.
2. All discovery notices shall be heard before August 31, 2021.
3. All pretrial motions shall be heard before September 30, 2021.
  9:00 AM
  CONT...
  
  Eric Wayne Mydland
  
  Chapter 7
4. The Pretrial Conference is set for October 27, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Eric Wayne Mydland Represented By

Bryant C MacDonald

Defendant(s):

Tom Lange Company International, Pro Se Eric Wayne Mydland Pro Se

Plaintiff(s):

Richard A Marshack Represented By Anerio V Altman

Trustee(s):

Richard A Marshack (TR) Represented By Anerio V Altman

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01102 Golden v. Fletcher Jones Motor Cars, Inc.

#3.00

Hearing RE: Motion to Quash The Subpoena Of Defendant Fletcher Jones Motor Cars

(Motion filed 1-21-21)

Docket 15

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION CONTINUING HEARING TO MARCH 24, 2021 AT 9:00 AM ENTERED ON 2-16-21 (DOCKET NO. 20).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Fletcher Jones Motor Cars, Inc. Represented By Annie Y Stoops

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-14723

James Alvin Grove

Chapter 7

Adv#: 8:20-01026 Nigolian et al v. Grove

#4.00

CONT Hearing RE: Defendant's Motion To Dismiss For Failure To Effectuate Service

(Motion filed 8-19-20)

FR: 9-9-20

Docket 32

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case without prejudice for the reasons argued by the Defendant in the motion and reply.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

James Alvin Grove Represented By Michael N Nicastro Michael G Spector

9:00 AM

CONT...

James Alvin Grove

Chapter 7

Defendant(s):

James Alvin Grove Represented By Michael G Spector

Plaintiff(s):

Sarine Nigolian Represented By Grant A Nigolian

Grant Nigolian Represented By Grant A Nigolian

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:19-11987

Enalasys Corporation

Chapter 11

#5.00

CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/23/19)

FR: 8-7-19; 12-11-19; 1-22-20; 5-13-20; 9-16-20; 9-23-20

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: March 10, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Enalasys Corporation Represented By Michael Jones

9:00 AM

CONT...

Enalasys Corporation

Sara Tidd

Chapter 11

9:00 AM

8:19-14489

Luis Daniel Ochoa

Chapter 11

#6.00

CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 11/17/19)

FR: 1-22-20; 6-3-20; 10-21-20

Docket 19

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into compliance with UST guidelines and requirements. The Court will extend the deadline for filing a plan and disclosure statement to June 30, 2021 and the deadline for confirming a plan to September 30, 2021.

Next status conference: May 26, 2021 at 9:00 a.m. An updated status report is due May 12, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Luis Daniel Ochoa

Chapter 11

Luis Daniel Ochoa Represented By Anerio V Altman

9:00 AM

8:20-11795

Byron York Priestley

Chapter 7

Adv#: 8:20-01159 Priestley v. 20 CAP FUND I, LLC et al

#7.00

STATUS CONFERENCE Hearing RE: Complaint for:

Violation of the Automatic Stay
Injunctive Relief
Declaratory Relief (Complaint filed 11-5-20)

(Another Summons Issued 11-30-20)

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ANOTHER SUMMONS ISSUED SETTING THE STATUS CONFERENCE TO FEBRUARY 24, 2021 AT 9:00 AM ENTERED ON 12-8-20 (DOCKET NO. 6).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Byron York Priestley Represented By Anerio V Altman

Defendant(s):

20 CAP FUND I, LLC Pro Se

FCI Lender Services, Inc. Pro Se

Plaintiff(s):

Byron York Priestley Represented By Anerio V Altman

9:00 AM

8:17-14686

Ernesto Gonzalez

Chapter 13

#1.00

Motion for relief from stay [Real Property]

U.S. Bank National Association vs DEBTOR (Motion filed 1-29-21)

[RE: 342 Little Big Horn Avenue, Placentia, CA 92870]

Docket 84

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Although Debtor was granted a 30-day forebearance on August 13, 2020, the forebearance period expired last September and all outstanding payments then became due. Debtor has no good explanation for why 10 missed payments were outstanding on or about January 27, 2021.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

9:00 AM

CONT...

Ernesto Gonzalez

Chapter 13

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ernesto Gonzalez Represented By Michael D Franco

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:18-10218

Lourdes Watters

Chapter 13

#2.00

CONT'D Amended Motion for relief from stay [Real Property]

MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)

(Amended Motion filed 12-4-20)

[RE : 23905 Matador Way, Murrieta, CA 92562]

FR: 8-24-20; 10-5-20; 11-2-20; 12-7-20; 1-11-21

Docket 69

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of the settlement.

Party Information

Debtor(s):

Lourdes Watters Represented By Bryn C Deb

9:00 AM

CONT...

Trustee(s):

Lourdes Watters

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

#3.00

CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]

Fady Kilada vs DEBTOR (Motion filed 10-29-20)

[RE: Case Name: Kilada v Kilada] [Docket Number: 19STFL00877]

[Pending In: Los Angeles Superior Court - Stanley Mosk]

FR: 11-30-20; 1-25-21

Docket 55

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO APRIL 12, 2021 AT 9:00 AM ENTERED ON 2-9-21 (DOCKET NO. 100).

Tentative Ruling:

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13006

Sven Gunnar Jonsson

Chapter 7

#4.00

Motion for relief from stay [Action In Non-Bankruptcy Forum]

Sujeong Ham vs DEBTOR (Motion filed 1-19-21)

[RE: Case Name: Sujeong Ham v Sven Gunnar Jonsson, et al.] [Docket Number: To Be Filed]

[Pending In: Superior Court Of California, County Of Orange]

Docket 12

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.

§ 501 and/or a complaint to determine the nondischargeability of the debt.

Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non-

9:00 AM

CONT...

Sven Gunnar Jonsson

Chapter 7

bankruptcy forum.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Sven Gunnar Jonsson Represented By Timothy McFarlin

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:20-13344

Randall Paul Costanzo

Chapter 7

#5.00

Motion for relief from stay [Personal Property]

Santander Consumer USA, Inc. vs DEBTOR (Motion filed 1-21-21)

[RE: 2012 Mercedes-Benz S Class, VIN: WDDNG7DB5CA428558]

Docket 12

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Randall Paul Costanzo

Party Information

Chapter 7

Randall Paul Costanzo Pro Se

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:20-13363

Alexander Leigh Bambridge and Elisabeth Anne Bambridge

Chapter 7

#6.00

Motion for relief from stay [Personal Property]

BMW Bank of North America (Motion filed 1-25-21)

[RE: 2016 BMW i3 Hatchback 4D - VIN No.: WBY1Z4C54GV508184]

Docket 13

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Alexander Leigh Bambridge and Elisabeth Anne Bambridge Party Information

Chapter 7

Alexander Leigh Bambridge Represented By Aaron Lloyd

Joint Debtor(s):

Elisabeth Anne Bambridge Represented By Aaron Lloyd

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:20-13401

Tam Thi Minh Hoang

Chapter 7

#7.00

Motion for relief from stay [Unlawful Detainer]

Asian Garden, LLC vs DEBTOR (Motion filed 1-29-21)

[RE: 9200 Bolsa Avenue, Suite #307, Westminster, CA 92683]

Docket 7

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed. The granting of this motion will permit the movant to exercise its rights under state law with respect to the subject property.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Tam Thi Minh Hoang

Party Information

Chapter 7

Tam Thi Minh Hoang Represented By Arlene M Tokarz

Trustee(s):

Karen S Naylor (TR) Pro Se

9:00 AM

8:20-13418

Hoa Thanh Fouse

Chapter 13

#8.00

Motion for relief from stay [Unlawful Detainer]

Core Lending, Inc., A California Corporation vs DEBTOR (Motion filed 1-27-21)

[RE: 8592 & 8592 1/2 Landers Drive, Midway City, CA 92655]

Docket 22

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court finds that the filing of Ms. Fouse's chapter 13 petition was part of a scheme to hinder, delay, or defraud creditors. The Court therefore grants relief to the Movant under 11 U.S.C. § 363(d)(4), annuls the automatic stay retroactive to the petition date, and waives the 14 day stay. The co-debtor stay is terminated.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

9:00 AM

CONT...

Debtor(s):

Hoa Thanh Fouse

Chapter 13

Hoa Thanh Fouse Pro Se

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-11644

Mercedes Gomez Limon

Chapter 13

#9.00

CONT'D Motion for relief from stay [Real Property]

MEB Loan Trust III vs DEBTOR (Motion filed 12-31-20)

[RE: 5102 W 1st Street #B Santa Ana, California 92703]

FR: 1-25-21

Docket 37

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire about the status of the Parties' efforts to agree upon an APO.

Party Information

Debtor(s):

Mercedes Gomez Limon Represented By Laleh Ensafi

9:00 AM

CONT...

Trustee(s):

Mercedes Gomez Limon

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:20-11954

Peony Chua

Chapter 7

#1.00

Hearing RE: Chapter 7 Trustee's Motion for Order Disallowing Claim (Motion filed 1-19-21)

Claim No. 9-1 County of Orange $37,473.26

Docket 81

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and allow Claim 9-1 as a secured claim only that is not entitled to any distribution from the Estate.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Peony Chua Represented By

Bert Briones

Trustee(s):

Karen S Naylor (TR) Represented By

2:00 PM

CONT...

Peony Chua

Nanette D Sanders

Chapter 7

2:00 PM

8:20-11954

Peony Chua

Chapter 7

#2.00

Hearing RE: Chapter 7 Trustee's Motion for Order Disallowing Claim (Motion filed 1-19-21)

Claim No. 11-1 Kian Beroukhim $264,143.73

Docket 83

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and allow Claim 11-1 as a secured claim not entitled to any distribution from the Estate.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Peony Chua Represented By

Bert Briones

Trustee(s):

Karen S Naylor (TR) Represented By

2:00 PM

CONT...

Peony Chua

Nanette D Sanders

Chapter 7

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#3.00

Hearing RE: First Interim Application for Fees and Reimbursement of Expenses from the Period of February 27, 2020 to January 27, 2021.

(Motion filed 1-29-21)

[RE: Thomas H. Casey - Chapter 11 Trustee] [Fees: $355,891.50; Expenses: $5,761.33]

Docket 753

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#4.00

Hearing RE: First Interim Fees and/or Expenses for the Period from March 11, 2020 through December 31, 2020

(Motion filed 1-29-21)

[RE: Ringstad & Sanders, LLP - Attorney for Thomas H. Casey, Chapter 11 Trustee]

[Fees: $539,927.50; Expenses: $4,506.23]

Docket 755

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#5.00

Hearing RE: First Interim Fee Application for the Period from June 20, 2020 through January 15, 2021

(Motion filed 1-29-21)

[RE: Force Ten Partners, LLC - Financial Advisor to Thomas H. Casey, Chapter 11 Trustee]

[Fees: $282,717.50; Expenses: $0.00]

Docket 756

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#6.00

Hearing RE: First and Final Fee Application for the Period from June 20, 2019 to February 27, 2020

(Motion filed 1-28-21)

[RE: Nicastro & Associates - Former General Insolvency Counsel] [Fees: $387,045.50; Expenses: $9,211.69]

Docket 744

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#7.00

Hearing RE: First and Final Fee Application for the Period from February 28, 2020 to January 15, 2021

(Motion filed 1-28-21)

[RE: Nicastro & Associates, P.C. - Special Counsel to Chapter 11 Trustee] [Fees: $39,181.50; Expenses: $267.15]

Docket 745

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#8.00

Hearing RE: First Interim Fee Application from the Period of June 20, 2019 to February 27, 2020

(Motion filed 1-28-21)

[RE: OKeefe & Associates Law Corporation, P.C. - Former Special Litiation Counsel to Debtor-in-Possesion]

[Fees: $63,833.00; Expenses: $259.19]

Docket 746

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#9.00

Hearing RE: First Interim Fee Application from the Period of February 27, 2020 to December 31, 2020

(Motion filed 1-28-21)

[RE: OKeefe & Associates Law Corporation, P.C. - Special Litigation Counsel to Trustee]

[Fees: $227,832.30; Expenses: $905.47]

Docket 747

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#10.00

Hearing RE: First Interim Fee Application from the Period of November 23, 2020 to December 31, 2020

(Motion filed 1-29-21)

[RE: Nelson Hardiman LLP - Special Transactional Counsel to Trustee] [Fees: $24,912.60; Expenses: $0.00]

Docket 759

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#11.00

Hearing RE: First Interim Application for Allowance and Payment of Fees and Reimbursement of Expenses from the Period of July 22, 2019 to January 15, 2021

(Motion filed 2-1-21)

[RE: Weiland Golden Goodrich LLP - Counsel for the Official Committee of Unsecured Creditors]

[Fees: $189,620.00; Expenses: $585.38]

Docket 762

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#12.00

Hearing RE: First Interim Fee Application for the Period of October 15, 2020 to January 27, 2021

(Motion filed 2-1-21)

[RE: Hahn Fife & Comapny LLP - Accountant] [Fees: $27,541.00; Expenses: $0.00]

Docket 763

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 15, 2021 AT 2:00 PM ENTERED ON 2-18-21 (DOCKET NO. 796).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

9:00 AM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#1.00

CONT Hrg. on Chapter 11 Status Conference From: 9/8/20, 10/22/20,11/17/20

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to March 9, 2021 at 9:00 a.m. The hearing on Debtor's motion to allow post-petition financing from Inland Senior Development, LLC. will be advanced from 2:00 p.m. to 9:00 a.m. on March 9, 2021 so that all these matters can be heard at the same time.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

Absolute Care Assisted Living & Represented By

Robert S Altagen

2:00 PM

6:19-19061

Juan Manuel Ponce Torres and Maria Jesus Yepez Ortiz

Chapter 7

#1.00

Hrg. on Trustee's Final Report and Applications for Compensation

[Charles Daff, chapter 7 trustee] [Fees; $1296.01; Expenses; $65.75]

Docket 35

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Juan Manuel Ponce Torres and Maria Jesus Yepez Ortiz

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of $1,296.01 and expenses in the amount of $65.75.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Juan Manuel Ponce Torres Represented By Lauren M Foley

Joint Debtor(s):

Maria Jesus Yepez Ortiz Represented By Lauren M Foley

Trustee(s):

Charles W Daff (TR) Pro Se

9:00 AM

8:17-14478

Dennis Edward Lake

Chapter 7

Adv#: 8:18-01035 Federal Trade Commission v. Lake

#1.00

CONT Hearing RE: Motion Of Plaintiff Federal Trade Commission For Summary Judgment

(Motion filed 7/15/2020)

FR: 9-9-20

[Tele. appr., Michael P. Mora, repr., Plaintiff, Federal Trade Commission]

Docket 44

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

This matter comes before the Court on a motion for summary judgment (the "Motion") brought by the Federal Trade Commission ("FTC") against chapter 7 debtor Dennis Lake ("Mr. Lake"). Mr. Lake opposes the Motion and urges the Court to deny it.

9:00 AM

CONT...

Dennis Edward Lake

FACTUAL BACKGROUND

Chapter 7

This factual background is largely taken from facts found by the United States District Court for the Central District of California in a civil action brought by the FTC against Mr. Lake. Federal Trade Commission v. Lake, 181 F. Supp. 3d 692 (C.D. Cal. 2016) (the "District Court Civil Action").

Mr. Lake obtained clients by contracting with other businesses whose customers were distressed homeowners and who referred those homeowners to Mr. Lake for advocacy services. Mr. Lake’s role and task was to work with banks on the so-called "back end" to help homeowner-consumers obtain loan modifications. Federal regulations generally prohibit third parties from obtaining an advance fee in exchange for providing services aimed at inducing a lender to modify a home mortgage loan. (The term "home mortgage loan" is used here generically; most of the loans Mr. Lake likely worked on were secured by trust deeds, not mortgages).

Despite knowing that advance fees were illegal and that the persons referring him business were taking them, Mr. Lake believed he was shielded from liability because he was doing only so-called "back end work" (meaning that he himself was not marketing to consumers directly or asking them for advance fees themselves).

The FTC successfully sued Mr. Lake in United States District Court for violating applicable Federal regulations. In the District Court Civil Action, the United States District Court initially awarded monetary relief to the FTC in the amount of

$2,104,031.56. This amount was shown by declaration to be the amount of money collected from consumers in transactions violating Federal regulations. Additionally, a permanent injunction was entered against Mr. Lake enjoining him from future activities in violation of Federal regulations. The amount of the money judgment was subsequently amended to $2,349,885.00. The grounds for granting this relief to the FTC were that Mr. Lake had violated two sets of Federal regulations: the MARS Substantial Assistance Rule and the TSR Substantial Assistance Rule.

9:00 AM

CONT...

Dennis Edward Lake

Chapter 7

THE CURRENT BANKRUPTCY PROCEEDING

Seeking a discharge of his liability to the FTC under the District Court Civil Action judgment and of his other debts, Mr. Lake filed a voluntary chapter 7 petition on November 13, 2017. On February 9, 2018, the FTC timely filed a complaint against Mr. Lake alleging that his indebtedness to the FTC arising under the District Court judgment is excepted from discharge under 11 U.S.C. § 523(a)(2) as indebtedness obtained by false pretenses, a false representation or actual fraud.

Mr. Lake answered the complaint on March 12, 2018, disputing the FTC’s allegations material to its cause of action against him.

CRIMINAL PROCEEDINGS AGAINST MR. LAKE

Mr. Lake was indicted by a federal grand jury on December 20, 2017 for mail fraud, conspiracy to commit mail fraud and aiding and abetting with respect to the mortgage modification activities described above (the "District Court Criminal Action"). He entered a plea of guilty to Conspiracy to Commit Mail Fraud in violation of 18 U.S.C. § 1349 as charged in Count 1 of the indictment and was sentenced on or about January 28, 2020 to a term of three years’ probation, six months’ of home detention, payment of the costs of home detention (not to exceed $12 per day), 500 hours of community service and payment of a special $100 assessment. Restitution was not ordered because it was determined that "complex issues of fact related to the cause and amount of the victims’ losses" and would "complicate or delay the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process." The Honorable Andrew

9:00 AM

CONT...

Dennis Edward Lake

Chapter 7

Guilford, the United States District Judge imposing sentence, waived all fines because it found that "the defendant has established that he is unable to pay and is not likely to become able to pay any fine." The Court notes in this connection that Mr. Lake has presented evidence to this Court that he has been diagnosed with stage four mantle cell lymphoma cancer, underwent six rounds of high dose chemotherapy between March 2019 and August 2019, received a bone-marrow transplant and was hospitalized for 18 days after he went into septic shock. His physician advised him that the type of cancer he has is generally incurable. The District Court (criminal) judgment does not indicate why Judge Guilford found Mr. Lake was unable to pay any fine and not likely to become able to pay any fine, but it seems at least possible that the foregoing medical issues played a role in this matter.

THE FTC’S CONTENTIONS IN THE MOTION

The FTC argues in the Motion that the doctrine of issue preclusion entitles it to summary judgment in this adversary proceeding. The FTC correctly states in the Motion that in order for a creditor to prevail on a claim under 11 U.S.C. § 523(a)(2) for fraud, five elements must be established by a preponderance of the evidence:

misrepresentation, fraudulent or deceptive conduct by the debtor; (2) knowledge by the debtor of the falsity of the statement or conduct; (3) an intent to deceive; (4) justifiable reliance by the creditor on the debtor’s statement or conduct; and (5) loss to the creditor proximately caused by his, her or its reliance on the debtor’s statement or conduct. Motion at 14 of 24, lines 13-20. Turtle Rock Meadows Homeowners Assn. v. Slyman (In re Slyman), 234 F.3d 1081, 1085 (9th Cir. 2000). The FTC asserts that these five elements have been already proven up in the District Court Civil Action and the District Court Criminal Action against Mr. Lake and now cannot be re-litigated by Mr. Lake because of the application of the doctrine of
9:00 AM
CONT...

Dennis Edward Lake

Chapter 7
issue preclusion (also sometimes referred to as collateral estoppel).

The FTC also correctly states the requirements of issue preclusion: (1) the party against whom issue preclusion is asserted was a party in the first proceeding;
the first proceeding ended with a final judgment on the merits; (3) the issue in question was necessarily decided in the first proceeding; and (4) the issue in the first proceeding is identical to the issue in the second proceeding (i.e., the one in which issue preclusion is being asserted) or, at the very least, there is "significant overlap between the evidence and application of the same rule of law. Motion at 12-13 of 24; Frankfort Digital Services, Ltd. v. Kistler (In re Reynoso), 477 F.3d 1117, 1122 (9th Cir. 2007); Kamilche Co. v. United States, 53 F.3d 1059, 1062 (9th Cir. 1995).

SUMMARY JUDGMENT STANDARDS

To prevail in this summary judgment motion, the FTC must show that there is no genuine issue of material fact remaining to be litigated and that it is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). The court is required to view the evidence in the light most favorable to the non-moving party. Bell v. Cameron Meadows Land Co., 669 F.2d 1278, 1284 (9th Cir. 1982). The moving party, here, the FTC, has the burden of establishing the absence of a genuine issue of material fact. Celotex v. Catrett, 477 U.S. 317, 323 (1987).

ANALYSIS

9:00 AM

CONT...

Dennis Edward Lake

Issue Preclusion Based Upon the District Court Civil Action.

Chapter 7

The FTC proved up violations of the MARS Substantial Assistance Rule and the TSR Substantial Assistance Rule in the District Court Civil Action. The Court now examines and identifies the factual and legal issues necessarily decided by the District Court in reaching the conclusion that Mr. Lake violated each of those rules.
1. Violation of the MARS Rule.
  
  Three elements must be proven up in order to show a violation of the MARS Substantial Assistance Rule: (1) an underlying violation of the MARS Rule by a MARS provider; (2) substantial assistance or support by a person to that provider; and (3) knowledge or conscious avoidance, on the part of the person, of the underlying violation. Proof of the first element, in turn, requires proof that (a) a service provider received an advance fee, (b) such person made material misrepresentations to their clients in violation of 12 C.F.R. § 1015.3, and (c) such person failed to make mandatory disclosures under 12 C.F.R. § 1015.4.
  What is glaringly absent here in terms of application of the issue preclusion doctrine is any requirement in the MARS Rule of a showing that the consumers to whom representations were made justifiably relied upon such representations. The FTC argues that "consumer reliance is presumed if the evidence shows the defendant made material misrepresentations and widely disseminated them, and consumers purchased the goods or services" under section 13(b) of the FTC Act.
  Motion at 20 of 21. However, the FTC makes no showing whatsoever that presumed reliance under section 13(b) of the FTC Act constitutes justifiable reliance under Slyman. There is an apparent and obvious difference between something that is presumed and something that is actual.
  
  What is also glaringly absent is proof of proximate cause of loss in the District
  9:00 AM
  CONT...
  
  Dennis Edward Lake
  
  Chapter 7
  Court Civil Action specifically tied to false representations. The District Court based its monetary award on the total amount paid by consumers to the HOPE defendants, but there was no showing in the District Court Civil Action that none of the HOPE defendants benefited in any way from the services performed by Mr. Lake and/or the other HOPE defendants. It may well be that under the relevant statutes and C.F.R. rules a person who is induced to pay an advance fee is entitled to a refund of every penny of the advance fee, but this is not the same thing as "loss" or "damage" proximately caused by a false representation. Thus, there is a large disconnect between damages for violation of the MARS Rule and damages for fraudulent misrepresentation.
  For these reasons, the FTC’s issue preclusion argument fails to the extent it relies upon the District Court’s finding of a MARS Rule violation.
2. Violation of the TSR Rule.
  
  The TSR Rule prohibits a person from providing substantial assistance or support to any seller or telemarketer when that person knows or consciously avoids knowing that the seller or telemarketer is engaged in any act or practice that violates subsections (a), (c) or (d) of 16 C.F.R. § 310.3. 16 C.F.R. § 310.3(b). The substantial assistance provision has three elements: (1) there must be an underlying violation of the TSR; (2) the person must provide substantial assistance or support to the seller or telemarketer violating the TSR; and (3) the person must know or consciously avoid knowing that the seller or telemarketer is violating the TSR. The District Court in the District Court Civil Action found violation of the TSR by reason of false representations made by the HOPE defendants to consumers. The District Court also found that Mr. Lake substantially assisted the HOPE defendants and that he "knew" that fraud was in the HOPE defendants’ business model.
  As is the case with respect to the MARS Rule, the FTC did not prove in the District Court Civil Action that the consumers justifiably relied upon the HOPE
  9:00 AM
  CONT...
  
  Dennis Edward Lake
  
  Chapter 7
  defendants’ misrepresentations. Reliance was not proved up by the FTC because, apparently, the FTC fell back upon the presumption of reliance (but not necessarily justifiable reliance) contained in section 13(b) of the FTC Act. (Note in this regard that reliance and justifiable reliance are two different things, and a presumption of reliance under the FTC Act, even if it can be taken at face value and used in a Bankruptcy Court adversary proceeding for exception to discharge based upon fraud, is not tantamount to and does not equate to a showing of justifiable reliance).
  The FTC’s argument for application of issue preclusion based on the TSR Rule suffers from the same infirmities as its argument under the MARS Rule insofar as proximately-caused loss is concerned. There was no proof in the District Court Civil Action that the fraudulent misrepresentations that occurred proximately caused a loss equal to the full and entire amount of the advance fees paid by consumers. For this to be true, it would have to be the case that none of the consumers who paid money to the HOPE defendants obtained any beneficial loan modification – that they all totally wasted their money by paying advance fees to the HOPE defendants. But there was no proof of this, or any indication of the proof of this, in the District Court Civil Action.
  For these reasons, the FTC’s issue preclusion argument fails to the extent it relies upon the District Court’s finding of a TSR Rule violation.
Issue Preclusion Based Upon the District Court Criminal Action.

9:00 AM

CONT...

Dennis Edward Lake

Chapter 7

strongly indicates that (1) section 523(a)(2) may include debts which arise from the wrongful acts of conspirators and their co-conspirators, and (2) predicate acts of mail fraud supporting a finding and conviction of a RICO violation under 18 U.S.C. § 1962 can be given issue preclusive effect in a section 523(a)(2) action in bankruptcy court.

The Bankruptcy Appellate Panel of the Ninth Circuit has expressly refused to follow Markarian, deeming it to be inconsistent with Ninth Circuit case law (specifically, Tsurukawa v. Nikon Precision, Inc. (In re Tsurukawa), 287 B.R. 515 (9th Cir. 2002). See Reisman v. Ingredients International, LLC (In re Reisman), BAP No.

NV-05-1471-MoSMa, 2006 WL 6811010 (B.A.P. 9th Cir., Aug. 18, 2006). Reisman is

an unpublished decision, but this Court finds its reasoning persuasive.

More to the point, however, the Court has reviewed the mail fraud statute, 18 U.S.C. § 1341, and sees no indication that justifiable reliance by customers or clients on false representations or false pretenses is an element of the offense.

With respect to the proximate cause of loss element of fraud for purposes of 11

U.S.C. § 523(a)(2), the Court sees no indication that the incurrence of loss by persons to whom the false representations were made is an element of the mail fraud offense. See United States v. Standard Drywall Corp., 617 F. Supp. 1283 (E.D.N.Y. 1985) (for the mail fraud statute to apply, it is not necessary for the Government to prove that the alleged scheme actually deprived any person of money or tangible property). It follows a fortiori that if justifiable reliance and proximately-caused loss are not elements of mail fraud, nor are they elements of a conspiracy to commit mail fraud.

9:00 AM

CONT...

Dennis Edward Lake

Chapter 7

business JD United from HOPE Services and HAMP Services, but the Plea Agreement in no way ties this amount to losses proximately caused by activities of Mr. Lake and his co-conspirators and suffered by victims of the fraud scheme. To the extent any of the redacted portions of the Plea Agreement address any of the points discussed in this paragraph, the FTC has failed to make a sufficient showing of issue preclusion by failing to provide this Court with a non-redacted version of the Plea Agreement. (The Court is not in any way criticizing the FTC with respect to this matter. It seems likely to the Court that the redacted portions of the Plea Agreement have nothing to do with the matters discussed herein or else the FTC would have taken appropriate steps to bring those matters to the Court’s attention).

For these reasons, the Court determines that the FTC has failed to prove issue preclusion with respect to all five elements of fraud under 11 U.S.C. § 523(a)(2) based upon the District Court Criminal Action.

CONCLUSION

The FTC’s request for judicial notice is granted.

The FTC has failed to make a sufficient showing that issue preclusion arising as a result of the District Court Civil Action or the District Court Criminal Action preclude Mr. Lake from re-litigating issues of justifiable reliance and proximately- caused loss. Accordingly, the Motion is denied with prejudice.

The Court sets a status conference with respect to this adversary proceeding for April 21, 2021 at 9:00 a.m.

Party Information

Debtor(s):

Dennis Edward Lake Represented By

D Justin Harelik

Defendant(s):

9:00 AM

CONT...

Dennis Edward Lake

Chapter 7

Dennis Edward Lake Pro Se

Plaintiff(s):

Federal Trade Commission Represented By Michael P Mora

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:18-11792

Modern VideoFilm, Inc.

Chapter 11

Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief

(Complaint filed 1/29/20) (Amended Complaint filed 9-29-20)

FR: 4-15-20, 9-16-20, 9-23-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ADVERSARY CASE DISMISSED PER ORDER ENTERED ON 1/29/21 (DOCKET NO. 63).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides

Defendant(s):

Modern VideoFilm, Inc. Represented By Garrick A Hollander Peter W Lianides

Plaintiff(s):

Medley Capital Corporation Represented By Justin E Rawlins

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01083 Golden v. Jafrey

#3.00

Hearing RE: Motion to Set Aside Default Judgment of Abdullah Jafrey (Motion filed 12-17-20)

Docket 24

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO APRIL 14, 2021 AT 9:00 AM ENTERED ON 2-18-21 (DOCKET NO. 27).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Abdullah Jafrey Represented By Andrew K Yun

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-12113

Heidi Crawford

Chapter 7

Adv#: 8:19-01182 Amerifactors Financial Group, LLC v. Crawford et al

#4.00

CONT'D STATUS CONFERENCE Hearing RE: Amended Adversary Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), (a)(2)(B), (a)(4), And (a)(6)

(Complaint filed 9/9/19)

(Amended Complaint filed 9/11/19) (Another Summons issued 10-23-19)

FR: 11-27-19; 1-22-20; 3-11-20; 5-13-20; 8-19-20

[Tele. appr., Jeffrey R. Brower, repr., Amerifactors Financial Group, Creditor]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to July 14, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Heidi Crawford

Chapter 7

Heidi Crawford Represented By Richard G Heston

Defendant(s):

Heidi Crawford Pro Se

Michael Crawford Pro Se

Plaintiff(s):

Amerifactors Financial Group, LLC Represented By

Jon N Owens

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:19-14865

Ice Energy Holdings, Inc.

Chapter 7

Adv#: 8:20-01144 Casey v. Zezza et al

#5.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

Breach Of Fiduciary Duty
Aiding And Abetting Breach Of Fiduciary Duty
Declaratory Relief
Equitable Subordination
Objection To Claims
Lien Avoidance
Avoidance Of Preferential Transfers
Preservation Of Avoided Transfers (Complaint filed 10-7-20)

FR: 1-13-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MAY 26, 2021 AT 9:00 AM ENTERED ON 2-

8-21 (DOCKET NO. 19).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo

Defendant(s):

David Zezza Pro Se

Marcel Christians Pro Se

Alex Collins Pro Se

Joseph Draper Pro Se

David Heatley Pro Se

9:00 AM

CONT...

Ice Energy Holdings, Inc.

Chapter 7

Daniel Leff Pro Se

Francis Carroll Pro Se

Marcus Childress Pro Se

James Kelly Pro Se

Minakami LLC Pro Se

Minakami Trust Pro Se

Voyager Ocean Limited Pro Se

Plaintiff(s):

Thomas H. Casey Represented By Jason B Komorsky

Trustee(s):

Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland Steven T Gubner Kerry A. Moynihan

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al

#6.00

CONT'D STATUS CONFERENCE Hearing RE: Amended Adversary Complaint For: (1) Declaratory Relief (Reserved Fund); (2) Declaratory Relief (Mechanic's Lien Property); (3) Enforcement Of Stop Payment; (4) Breach of Contract

(5) Breach Of Implied Warranty Of Authority; And (6) Fraud In The Inducement

and

STATUS CONFERENCE RE: Counterclaim by Bridge Loan Financial, Inc., for Equitable Suborgation and Lien

(Complaint filed 7/31/2020) (Amended Complaint filed 11-5-20) (Counter-Claim filed 12-14-20)

FR: 10-21-20; 12-2; 2-10-21

Docket 27

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO JULY 7, 2021 AT 9:00 AM ENTERED ON 2-9-21 (DOCKET NO. 53).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Bridge Loan Financial, Inc. Pro Se

Steven Perkins Pro Se

239 Carnation, LLC Pro Se

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Plaintiff(s):

Fineline Woodoworking, Inc. Represented By James A Hayes Jr

9:00 AM

8:20-11795

Byron York Priestley

Chapter 7

Adv#: 8:20-01159 Priestley v. 20 CAP FUND I, LLC et al

#7.00

STATUS CONFERENCE Hearing RE: Complaint for:

Violation of the Automatic Stay
Injunctive Relief
Declaratory Relief (Complaint filed 11-5-20)

(Another Summons Issued 12-8-20)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to July 21, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Byron York Priestley Represented By Anerio V Altman

9:00 AM

CONT...

Byron York Priestley

Chapter 7

Defendant(s):

20 CAP FUND I, LLC Pro Se

FCI Lender Services, Inc. Pro Se

Plaintiff(s):

Byron York Priestley Represented By Anerio V Altman

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:20-13014

Northern Holdings, LLC

Chapter 11

#8.00

CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)

Requiring Report On Status Of Chapter 11 Case (Petition filed 10/28/2020)

FR: 1-13-21

[Tele. appr., Reed S. Waddell, repr., Secured Creditor Farm Credit West, Creditor]

[Tele. appr., Roksana D. Moradi-Brovia, repr., Debtor]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court found the Debtor's status report very informative and helpful.

The Court will inquire into Debtor's compliance with UST guidelines and requirements.

Next status conference: May 26, 2021 at 9:00 a.m. An updated status report is due May 12, 2021.

9:00 AM

CONT...

Northern Holdings, LLC

Chapter 11

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Northern Holdings, LLC Represented By Matthew D. Resnik

9:00 AM

8:20-13360

Donald Allan Warren and Janet L Warren

Chapter 13

#1.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 34

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Donald Allan Warren Represented By Laleh Ensafi

Joint Debtor(s):

Janet L Warren Represented By Laleh Ensafi

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13453

Nathan Smith

Chapter 13

#2.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 17

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Nathan Smith Represented By Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

#3.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-9-20

Docket 104

Tentative Ruling:

NONE LISTED -

Debtor(s):

Party Information
Veronica Kilada Represented By Onyinye N Anyama
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-11588

Veronica Kilada

Chapter 13
Adv#: 8:20-01134 Naylor v. Kilada

#4.00

CONT'D Hearing RE: Motion to Dismiss Adversarial Proceeding Pursuant to Federal Rules of Civil Procedure Rule 12 Made Applicable Through Federal Rules of Bankruptcy Procedure 7012
(Motion filed 10-16-20)

FR: 1-13-21

Docket 7
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MAY 26, 2021 AT 9:00 AM ENTERED ON 2-
10-21 (DOCKET NO. 23).
Tentative Ruling:
NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Defendant(s):

Fady Kilada Represented By

Arash Shirdel

Movant(s):

Fady Kilada Represented By

Arash Shirdel

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey

9:00 AM

CONT...

Trustee(s):

Veronica Kilada

Chapter 13

Amrane (SA) Cohen (TR) Represented By Thomas H Casey

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

Adv#: 8:20-01134 Naylor v. Kilada

#5.00

CONT'D STATUS CONFERENCE RE: Chapter 7 Trustee's First Amended Complaint Against Fady Kilada for:

Avoidance of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A)
Avoidance of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B)
Avoidance of Preference Transfer Under 11 U.S.C. Section 547
Recovery of Transfer per 11 U.S.C Section 550
Turnover of Property of the Estate Pursuant to 11 U.S.C. Section 542 (Complaint filed 9-16-20)

(Amended Complaint filed 9-17-20) FR: 12-2-20; 1-13-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MAY 26, 2021 AT 9:00 AM ENTERED ON 2-

10-21 (DOCKET NO. 23).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Defendant(s):

Fady Kilada Represented By

Arash Shirdel

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey

9:00 AM

CONT...

Trustee(s):

Veronica Kilada

Chapter 13

Amrane (SA) Cohen (TR) Represented By Thomas H Casey

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

Adv#: 8:20-01140 Naylor v. Kilada

#6.00

CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Fady Kilada for Judgment:

The Post-Petition Family Court Order is Void As To All Real and Personal Property Per 11 U.S.C. Section 362
Attorney Fees Per 11 U.S.C. Section 105 (Complaint filed 9-30-20)

FR: 12-16-20; 1-4-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO MAY 26, 2021 AT 9:00 AM ENTERED ON 2-10-21 (DOCKET NO. 19).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Defendant(s):

Fady Kilada Pro Se

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey

Trustee(s):

Amrane (SA) Cohen (TR) Represented By Thomas H Casey

9:00 AM

8:20-13472

Marco A Vidal

Chapter 13

#7.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED FOR FILAURE TO FILE SCHDULES, STATEMENTS, AND/OR PLAN ON 1-11-21 (DOCKET NO. 10).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marco A Vidal Pro Se

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13467

Valente Lopez Trujillo

Chapter 13

#8.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ON 1-11-21 (DOCKET NO. 11).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Valente Lopez Trujillo Pro Se

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-12654

Mary Fausto

Chapter 13

#9.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-9-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND OR PLAN ON 2-1-21 (DOCKET NO. 32).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mary Fausto Represented By

George C Panagiotou

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13225

Connie Chavez

Chapter 13

#10.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 23

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Connie Chavez Represented By Anthony P Cara

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-11811

Karen Marie Duran

Chapter 13

#1.00

Hearing RE: Verified Motion to Dismiss Case Due to Material Default of a Plan Provision

(Motion filed 12-10-20)

Docket 36

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Karen Marie Duran Represented By

Paul M Allen - SUSPENDED -

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-13336

Fernando Antonio Aguirre, III and Linda Anderson Aguirre

Chapter 13

#2.00

Hearing RE: Objection to Proof of Claim (Motion filed 1-6-21)

Claim No. 6 Claimant Nationwide $52,223.55

Docket 52

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant/sustain/disallow the claim to the extent of the original claim minus payments already made.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Fernando Antonio Aguirre III Represented By Joseph A Weber Fritz J Firman

10:15 AM

CONT...

Fernando Antonio Aguirre, III and Linda Anderson Aguirre

Chapter 13

Joint Debtor(s):

Linda Anderson Aguirre Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-10756

Stephen Griffin

Chapter 13

#3.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 12-9-2020)

(Set per opposition filed 12-31-20)

Docket 90

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 CASE FILED 2-10-21 (DOCKET NO. 104).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Stephen Griffin Represented By Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-11446

Peggy McWilliams Lawson and George Morris Lawson

Chapter 13

#4.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 1-6-2021)

(Set per opposition filed 1-7-21)

Docket 67

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Assuming Debtors agree with the Chapter 13 Trustee's conditions regarding the motion to modify, the Court will grant the motion to modify upon the Chapter 13 Trustee's conditions and deny the motion to dismiss.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Peggy McWilliams Lawson Represented By Douglas L Weeks

10:15 AM

CONT...

Peggy McWilliams Lawson and George Morris Lawson

Chapter 13

Joint Debtor(s):

George Morris Lawson Represented By Douglas L Weeks

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-11549

Joann Marie Brown

Chapter 13

#5.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 12/9/2020)

(Set per opposition filed 12-22-20)

FR: 1-28-21

Docket 105

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY PLAN OR SUSPEND PLAN PAYMENTS ENTERED ON 2-16-21 (DOCKET NO. 120).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joann Marie Brown Represented By Andrew Moher

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-14712

John Kevin Stroh

Chapter 13

#6.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 12/9/2020)

(Set per opposition filed 12-15-20)

Docket 111

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED ON 2-24-21 (DOCKET NO. 124).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Kevin Stroh Represented By Andy C Warshaw

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-10221

Gary Hernandez

Chapter 13

#7.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 12/9/2020)

(Set per opposition filed 12-22-20)

FR: 1-28-21

Docket 94

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE' S MOTION FOR ORDER DISMISSING CHAPTER 13 CASE FILED 2-10-21 (DOCKET NO. 108).

Tentative Ruling:

Party Information

Debtor(s):

Gary Hernandez Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-12334

Anthony Thomas Codispoti

Chapter 13

#8.00

CONT'D Hearing RE: Verified Motion to Dismiss Case Due to Material Default of a Plan Provision

(Motion filed 11-10-20)

(Set per opposition filed 11-23-20)

FR: 1-28-21

Docket 41

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED ON 2-24-21 (DOCKET NO. 52).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anthony Thomas Codispoti Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-13073

Eugene Howard Long

Chapter 13

#9.00

Hearing RE: Motion for Order Disallowing Claim (Motion filed 1-26-21)

Claim No.4 Financial Credit Network $7,501.86

Docket 44

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant/sustain/disallow Claim #4 in its entirety. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Eugene Howard Long Represented By Erika Luna

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-13073

Eugene Howard Long

Chapter 13

#10.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 9/2/2020)

(Set per opposition filed 10-29-20)

FR: 12-9-20

Docket 38

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Chapter 13 Trustee's views on the Debtor's motion to modify, filed February 22, 2021.

Party Information

Debtor(s):

Eugene Howard Long Represented By Erika Luna

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

CONT...

Eugene Howard Long

Chapter 13

10:15 AM

8:20-10255

Peggy Lee Smith

Chapter 13

#11.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 12/9/2020)

(Set per notice and opposition filed 12-27-20)

FR: 1-28-21

Docket 59

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Chapter 13 Trustee's intentions with respect to this motion in view of the Court order entered February 1, 2021 permitting the Debtor to sell the North Palo Loma Place property.

Party Information

Debtor(s):

Peggy Lee Smith Represented By Leonard Pena

10:15 AM

CONT...

Trustee(s):

Peggy Lee Smith

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-11454

Laura Jean Holloway

Chapter 13

#12.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 12-9-2020)

(Set per opposition filed 12-31-20)

Docket 62

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 FILED 1-13-2021. (DOCKET NO. 65).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Laura Jean Holloway Represented By Anthony B Vigil

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al

#1.00

TRIAL RE: Second Amended Complaint For:

Declaratory Relief;
Usury Avoidance Of Preferential Transfers;
Avoidance Of Fraudulent Transfers;
Recovery Of Preferential And Fraudulent Transfers;
Fraud;
Racheteering (18 U.S.C. Section 1962)
Unfair Competition And Equitable Subordination (11 U.S.C. Section 510(c) (Complaint filed 7/30/10)

(Counter-Claim filed 8/30/19, Dismissed on 12/16/20) (PTC set at S/C held 11/13/19)

(First Amended Complaint filed 2/26/20) (Second Amended Complaint filed 5/6/20) (Trial set at P/T on 12-16-20)

FR: 10-6-19; 11-13-19; 8-12-20; 11-18-20: 12-16-20

Docket 1

Debtor(s):

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING TRIAL TO MAY 26, 2021 AT 9:00 AM ENTERED ON 1-27-

21 (DOCKET NO. 125).

Party Information

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Defendant(s):

Reliable Fast Cash, LLC Represented By Steven R Fox

Mendl Chanin Represented By Steven R Fox

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

Plaintiff(s):

South Coast Behavioral Health, Inc. Represented By

Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al

#1.00

TRIAL RE: Second Amended Complaint For:

Declaratory Relief;
Usury Avoidance Of Preferential Transfers;
Avoidance Of Fraudulent Transfers;
Recovery Of Preferential And Fraudulent Transfers;
Fraud;
Racheteering (18 U.S.C. Section 1962)
Unfair Competition And Equitable Subordination (11 U.S.C. Section 510(c) (Complaint filed 7/30/10)

(Counter-Claim filed 8/30/19, Dismissed on 12/16/20) (PTC set at S/C held 11/13/19)

(First Amended Complaint filed 2/26/20) (Second Amended Complaint filed 5/6/20) (Trial set at P/T on 12-16-20)

FR: 10-6-19; 11-13-19; 8-12-20; 11-18-20: 12-16-20

Docket 1

Debtor(s):

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING TRIAL TO MAY 26, 2021 AT 9:00 AM ENTERED ON 1-27-

21 (DOCKET NO. 125).

Party Information

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Defendant(s):

Reliable Fast Cash, LLC Represented By Steven R Fox

Mendl Chanin Represented By Steven R Fox

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

Plaintiff(s):

South Coast Behavioral Health, Inc. Represented By

Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al

#1.00

TRIAL RE: Second Amended Complaint For:

Declaratory Relief;
Usury Avoidance Of Preferential Transfers;
Avoidance Of Fraudulent Transfers;
Recovery Of Preferential And Fraudulent Transfers;
Fraud;
Racheteering (18 U.S.C. Section 1962)
Unfair Competition And Equitable Subordination (11 U.S.C. Section 510(c) (Complaint filed 7/30/10)

(Counter-Claim filed 8/30/19, Dismissed on 12/16/20) (PTC set at S/C held 11/13/19)

(First Amended Complaint filed 2/26/20) (Second Amended Complaint filed 5/6/20) (Trial set at P/T on 12-16-20)

FR: 10-6-19; 11-13-19; 8-12-20; 11-18-20: 12-16-20

Docket 1

Debtor(s):

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING TRIAL TO MAY 26, 2021 AT 9:00 AM ENTERED ON 1-27-

21 (DOCKET NO. 125).

Party Information

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Defendant(s):

Reliable Fast Cash, LLC Represented By Steven R Fox

Mendl Chanin Represented By Steven R Fox

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

Plaintiff(s):

South Coast Behavioral Health, Inc. Represented By

Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

9:00 AM

8:20-13401

Tam Thi Minh Hoang

Chapter 7

#1.00

Motion for relief from stay [Personal Property]

Yamaha Motor Finance Corp. vs DEBTOR (Motion filed 2-8-21)

[RE: 2017 Yamaha Bolt VIN: JYAVN05YXHA003334]

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Tam Thi Minh Hoang

Party Information

Chapter 7

Tam Thi Minh Hoang Represented By Arlene M Tokarz

Trustee(s):

Karen S Naylor (TR) Pro Se

9:00 AM

8:21-10313

Ralph Richard Encinas

Chapter 13

#2.00

Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 2-9-21)

[RE: 23291 Cheswald Dr. Laguna Niguel, CA 92677]

Docket 8

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ralph Richard Encinas Represented By Christopher J Langley

9:00 AM

CONT...

Trustee(s):

Ralph Richard Encinas

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10319

Robert Steven Glass

Chapter 13

#3.00

Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 2-12-21)

[RE: 33 Mountain Laurel Trabuco Canyon, CA 92679]

Docket 10

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES REQUIRED.

The Court intends to grant the Motion.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Robert Steven Glass Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

CONT...

Robert Steven Glass

Chapter 13

9:00 AM

8:17-14686

Ernesto Gonzalez

Chapter 13

#4.00

CONT'D Motion for relief from stay [Real Property]

U.S. Bank National Association vs DEBTOR (Motion filed 1-29-21)

[RE: 342 Little Big Horn Avenue, Placentia, CA 92870]

FR: 2-22-21

Docket 84

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of the APO.

Party Information

Debtor(s):

Ernesto Gonzalez Represented By Michael D Franco

9:00 AM

CONT...

Trustee(s):

Ernesto Gonzalez

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:18-12541

Scott Lawrence Chappell and Alicia Woolsey

Chapter 7

#1.00

Hearing RE: Motion of Creditor's William Chappell and Russell Chappell for an Order Sustaining Objection to Debtor's Claim of Exemption

(Motion filed 1-11-21)

Docket 128

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING MOTION TO JUNE 7, 2021 AT 9:00 AM ENTERED ON 3-4

-21 (DOCKET NO. 139).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Scott Lawrence Chappell Represented By Stephen E Olear

Joint Debtor(s):

Alicia Woolsey Represented By Stephen E Olear

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:20-11090

Angelito Belano Mijares and Estrella Bernabe Mijares

Chapter 7

#2.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 1/22/2021)

[RE: Thomas H. Casey, Chapter 7 Trustee] [Fees: $1,350.00; Expenses: $179.90]

Docket 39

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary

2:00 PM

CONT...

Angelito Belano Mijares and Estrella Bernabe Mijares

Chapter 7

services rendered in the administration of this estate.

The compensation is approved as to the Trustee, with fees in the amount of $1,350.00 and expenses in the amount of $179.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Angelito Belano Mijares Represented By Chris T Nguyen

Joint Debtor(s):

Estrella Bernabe Mijares Represented By Chris T Nguyen

Trustee(s):

Thomas H Casey (TR) Pro Se

2:00 PM

8:19-11987

Enalasys Corporation

Chapter 11

#3.00

Hearing RE: Objection to Claim (Motion filed 1-13-21)

Claim No. 21 ECS Alliance, LLC $18,783.00

Docket 176

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant/disallow Claim No. 21 in its entirety. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Enalasys Corporation Represented By Michael Jones Sara Tidd

2:00 PM

8:19-11987

Enalasys Corporation

Chapter 11

#4.00

Hearing RE: Objection to Claim (Motion filed 1-13-21)

Claim No. 16 James Eric Taylor $1,927,254.00

Docket 174

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

A timely-filed proof of claim executed in accordance with the Federal Rule of Bankruptcy Procedure is entitled to a presumption of validity. Fed. R. Bankr. P. 3001(f). An objecting party has the burden to come forward with evidence equal or greater in probative force to the allegations set forth in the proof of claim. Wright v. Holms (In re Holms), 931 F.2d 620 (9th Cir. 1991). If this burden is satisfied by the objecting party, the burden then shifts to the claimant to prove up his claim by a preponderance of the evidence. Lundell v. Anchor Const. Specialist, Inc., 223 F.3d 1035 (9th Cir. 2000).

Therefore, the Court’s initial task is to compare and contrast the probative force of the evidence in Mr. Taylor’s proof of claim in this case to the probative force of the

2:00 PM

CONT...

Enalasys Corporation

Chapter 11

evidence in Debtor’s objection to his claim.

Mr. Taylor’s proof of claim No. 16 was filed on September 10, 2019 in the amount of

$1,927,254. The proof of claim states that the claim is unsecured and entitled to priority in the amount of $1,906,254. The balance of $21,000 is alleged to be nonpriority and based upon a lease. Evidence in support of the claim comes from the following sources: (1) a copy of a cross-complaint for breach of contract and other causes of action in Enalasys Corp. v. Taylor et al., Case No. ECU000691, pending in Imperial County Superior Court; and (2) a copy of a Personal Employment Agreement of James Eric Taylor, effective as of April 1, 2010 (attached as an exhibit to (1). Mr. Taylor’s Claim No. 16 states that the claim is based upon "Employment Agreement and Rental Agreement."

The probative force of Claim No. 16 is minimal. It provides no details as to what provisions of Employment Agreement were violated or as to how damages or loss are calculated. The same is true as to any violation of the "Rental Agreement" Details are supplied by the Cross-Complaint, but these are mere allegations and argument of counsel. As such, they do not in any way constitute admissible evidence.

The objection of Enalasys Corporation to Claim No. 16 is supported by the Declaration of Jeffrey Perea. Mr. Perea is the Enalasys Corporation’s Chief Restructuring Officer. This Declaration does constitute evidence. It states that Mr. Taylor was removed as an officer and director of Enalasys Corporation on December 6, 2018 because he had been looting the corporation by paying himself unreasonable salary, charging unreasonable rent and causing the corporation to make improper interest-free loans to an insider, Brad Chapin. It also states that following his removal, Mr. Taylor withdrew $211,000 from the corporation’s Bank of America bank account and interfered in various ways with the corporation’s business. The Declaration states that Enalasys Corporation’s claims against Mr.

2:00 PM

CONT...

Enalasys Corporation

Chapter 11

Taylor exceed the amount of his claim against Enalasys Corporation.

Although Mr. Perea’s Declaration certainly does not prove up the corporation’s claim against Mr. Taylor, it does render the probative force of the Objection to Claim No. 16 greater than the probative force of the evidence set forth in Claim No. 16.

Therefore, the burden shifts to Mr. Taylor to prove up Claim No. 16 by a preponderance of the evidence.

Mr. Taylor’s response to the Objection to Claim No. 16 is supported by a three-page declaration by Mr. Taylor (three pages excluding exhibits). Mr. Taylor declares in conclusory fashion that Enalasys Corporation owes him $1,357,254 for work performed by him from approximately December 2014 to early December 2018 and

$570,000 for work performed from early December 2018 until June 30, 2020. Additionally, he declares in conclusory fashion that he is owed $21,000 in respect of a breach of a lease in early 2018. He generally denies allegations of wrongful misconduct made in the Enalasys Corporation Objection to Claim No. 16.

The Court determines that these conclusory, self-serving statements in Mr. Taylor’s declaration fail to prove up his claim by a preponderance of the evidence. Mr.

Taylor fails to provide any detail whatsoever as to what he actually did to earn nearly $2 million or how and why the lease was breached (and why damages are

$21,000).

For the foregoing reasons, the Objection is sustained, and Mr. Taylor’s Claim No. 16 is disallowed in its entirety with prejudice.

ENALASYS CORPORATION TO LODGE ORDER.

Party Information

Debtor(s):

Enalasys Corporation Represented By Michael Jones

2:00 PM

CONT...

Enalasys Corporation

Sara Tidd

Chapter 11

2:00 PM

8:19-13948

Cooperative Labs, Inc.

Chapter 7

#5.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 1/22/2021)

[RE: Thomas H. Casey, Chapter 7 Trustee] [Fees: $1,572.97; Expenses: $226.65]

[RE: Hahn Fife & Company, Accountant] [Fees: $1,892.00; Expenses: $268.90]

Docket 24

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Cooperative Labs, Inc.

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of $1,572.97 and expenses in the amount of $226.65.

The compensation is approved as to Hahn Fife & Company, with fees in the amount of $1,892.00 and expenses in the amount of $268.90.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Cooperative Labs, Inc. Represented By Michael G Spector

Trustee(s):

Thomas H Casey (TR) Pro Se

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,

#6.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds

[RE: Plaintiff's action against South Coast Behavioral Health, Inc., Reliable Fast Cash, LLC, FID Funding and BMF Capital, LLC]

[Ikhan Capital, LLC AND Bridge Funding Capital, LLC, West Coast Business Capital LLC - DISMISSED]

(Complaint Filed 8/8/19)

(PTC set per Order Entered 5-11-2020 - Docket No. [72]) FR: 11-6-19; 11-27-19; 3-11-20; 4-15-20; 6-3-20; 2-8-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO JULY 14, 2021 AT 9:00 AM ENTERED ON 2-12-21 (DOCKET NO. 89).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Defendant(s):

South Coast Behavioral Health, Inc. Pro Se

Reliable Fast Cash LLC Represented By Steven R Fox

Ikhan Capital LLC, Represented By

2:00 PM

CONT...

South Coast Behavioral Health, Inc.

Karel G Rocha

Chapter 11

Bridge Funding Capital LLC, Represented By Karel G Rocha

FID Funding Represented By

David B Zolkin

BMF Capital LLC Represented By David B Zolkin

Plaintiff(s):

Complete Business Solutions Group, Represented By

Keith C Owens

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#7.00

Hearing RE: Motion to Appoint a Chapter 11 Trustee (Motion filed 2-11-21)

Docket 67

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 24, 2021 AT 9:00 AM ENTERED ON 3/1/2021( DOCKET NO. 97).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#8.00

Hearing RE: Amended Motion of Robinson Pharma, Inc. for an Order Granting:

(i) Allowance and Payment of Administrative Expense Claims Pursuant to 11

U.S.C. 503(b)(9) and (ii) Setoff Against Deposit (Motion filed 2-15-21)

Docket 76

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MARCH 24, 2021 AT 9:00 AM ENTERED ON 3/1/2021( DOCKET NO. 97).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

9:00 AM

8:18-13694

Jennifer Trujillo

Chapter 7

Adv#: 8:18-01218 Renaissance Medical Group, Inc. v. Trujillo

#1.00

CONT'D STATUS CONFERENCE RE: Complaint to determine dischargeability of a debt pursuant to 11 U.S.C. section 523(a)(4)

(Complaint filed 12-21-18)

[Case transferred from CB on 7/31/2020]

FR: 3/12/19, 6/25/19, 10/22/19, 4/28/20, 7/21/20, Advanced from 12-8-20; 12-2-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In view of counsels' request made in the Joint Status Report, the Court continues this status conference to October 27, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Jennifer Trujillo Represented By

9:00 AM

CONT...

Jennifer Trujillo

Daniel King

Chapter 7

Defendant(s):

Jennifer Trujillo Pro Se

Plaintiff(s):

Renaissance Medical Group, Inc. Represented By

Bradley J Yourist

Trustee(s):

Weneta M Kosmala (TR) Pro Se

9:00 AM

8:19-10212

Hill Concrete Structures

Chapter 11

Adv#: 8:20-01167 Hill Concrete Structures v. Technical Works California, LLC

#2.00

STATUS CONFERENCE Hearing RE: Complaint for Injunction Relief and Declaratory Relief

(Complaint filed 12-9-20)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to May 26, 2021. An updated status report is due May 12, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Hill Concrete Structures Represented By Michael Jones Sara Tidd

9:00 AM

CONT...

Hill Concrete Structures

Chapter 11

Defendant(s):

Technical Works California, LLC Pro Se

Plaintiff(s):

Hill Concrete Structures Represented By Michael Jones

9:00 AM

8:19-10212

Hill Concrete Structures

Chapter 11

Adv#: 8:20-01168 Hill Concrete Structures v. Shotcrete Group, Inc.

#3.00

STATUS CONFERENCE Hearing RE: Complaint for Injunction Relief and Declaratory Relief

(Complaint filed 12-9-20)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to May 26, 2021 at 9:00 a.m. An updated status report is due May 12, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Hill Concrete Structures Represented By Michael Jones Sara Tidd

9:00 AM

CONT...

Hill Concrete Structures

Chapter 11

Defendant(s):

Shotcrete Group, Inc. Pro Se

Plaintiff(s):

Hill Concrete Structures Represented By Michael Jones

9:00 AM

8:19-10212

Hill Concrete Structures

Chapter 11

Adv#: 8:20-01169 Hill Concrete Structures v. Powers Steel & Wire Products Inc.

#4.00

STATUS CONFERENCE Hearing RE: Complaint for Injunction Relief and Declaratory Relief

(Complaint filed 12-9-20)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to May 26, 2021 at 9:00 a.m. An updated status report is due May 12, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Hill Concrete Structures Represented By Michael Jones Sara Tidd

9:00 AM

CONT...

Hill Concrete Structures

Chapter 11

Defendant(s):

Powers Steel & Wire Products Inc. Pro Se

Plaintiff(s):

Hill Concrete Structures Represented By Michael Jones

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01102 Golden v. Fletcher Jones Motor Cars, Inc.

#5.00

CONT STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers

(Complaint filed 6/15/2020) Fr: 9-9-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Pursuant to Defendant's request, and in view of the pandemic, the Court will refrain from setting discovery and other pretrial deadlines at his time.

Next status conference: August 11, 2021 at 9:00 a.m. An updated status report is due July 28, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

US Direct LLC

Chapter 7

US Direct LLC Pro Se

Defendant(s):

Fletcher Jones Motor Cars, Inc. Pro Se

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:18-11792

Modern VideoFilm, Inc.

Chapter 11

Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.

#6.00

CONT'D Hearing RE: Medley Capital Corporation's Motion for Summary Judgment

(Motion filed 9-29-20)

FR: 11-18-20

Docket 48

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING STIPULATION RE: VOLUNTARY DISMISSAL ENTERED 1-29-21 (DOCKET NO. 63).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides

Defendant(s):

Modern VideoFilm, Inc. Represented By Garrick A Hollander Peter W Lianides

Plaintiff(s):

Medley Capital Corporation Represented By Justin E Rawlins

Aaron Matthew Gober-Sims

9:00 AM

8:18-11792

Modern VideoFilm, Inc.

Chapter 11

Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.

#7.00

CONT'D Hearing RE: Debtor's Motion for Order Dismissing Adversary Action for Failure to State a Claim Upon Which Relief Can Be Granted

(Motion filed 10-13-20)

FR: 11-18-20

Docket 51

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING STIPULATION RE: VOLUNTARY DISMISSAL ENTERED 1-29-21 (DOCKET NO. 63).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides

Defendant(s):

Modern VideoFilm, Inc. Represented By Garrick A Hollander Peter W Lianides

Plaintiff(s):

Medley Capital Corporation Represented By Justin E Rawlins

Aaron Matthew Gober-Sims

9:00 AM

8:20-12061

2812 Ocean Blvd. LLC, a Texas limited liability co

Chapter 11

#8.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 7/23/2020)

FR: 9-23-20; 12-16-20

Docket 2

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE ENTERED ON 1-14-21 (DOCKET NO. 39).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

2812 Ocean Blvd. LLC, a Texas Represented By Christopher J Langley

10:00 AM

8:20-13185

Merelyn Jamilette Cedeno

Chapter 7

#1.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor And JPMorgan Chase Bank, N.A.

(Reaffirmation filed 2-1-21)

[RE: 2018 Mazda - CX-5 - Amount: $21,787.92] [VIN No.: JM3KFACM1J1437861]

Docket 11

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Merelyn Jamilette Cedeno Represented By Philomena N Nzegge

10:00 AM

CONT...

Trustee(s):

Merelyn Jamilette Cedeno

Chapter 7

Thomas H Casey (TR) Pro Se

2:00 PM

8:19-11987

Enalasys Corporation

Chapter 11

#1.00

Hearing RE: Confirmation of Chapter 11 Plan of Reorganization (Plan filed 1-5-21)

(Set at D.S. Hrg. on 12-16-20)

Docket 171

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will confirm the Plan and set a post-confirmation status conference for September 8, 2021 at 9:00 a.m.

DEBTOR TO LODGE (1) CONFIRMATION ORDER, AND (2) FINDINGS OF FACT AND CONCLUSIONS OF LAW VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Enalasys Corporation Represented By Michael Jones Sara Tidd

2:00 PM

8:19-11987

Enalasys Corporation

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/23/19)

FR: 8-7-19; 12-11-19; 1-22-20; 5-13-20; 9-16-20; 9-23-20; 2-17-21

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Enalasys Corporation Represented By Michael Jones

2:00 PM

CONT...

Enalasys Corporation

Sara Tidd

Chapter 11

9:00 AM

8:21-10268

Nereyda Goicochea Pineda

Chapter 7

#1.00

Motion for relief from stay [Unlawful Detainer]

Stratford Mavis, LLC vs. DEBTOR (Motion filed 2-19-21)

[RE: 752 North Mavis Street #3 Anaheim, CA 92805]

Docket 11

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Nereyda Goicochea Pineda

Party Information

Chapter 7

Nereyda Goicochea Pineda Represented By Randy Alexander

Movant(s):

Todd Brisco Represented By

Todd A Brisco

Trustee(s):

Karen S Naylor (TR) Pro Se

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#1.00

CONT'D Evidentiary Hearing RE: Fifth Amendment Privilege (Mr. Derek Doherty Is Ordered To Personally Appear) (Record Will Be Sealed)

(Set per Order Entered 4-22-2020 - Docket No. [196]) FR: 6-29-20; 11-16-20

Docket 196

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Continue to May 24, 2021 at 2:00 p.m. in view of the current closure of the Courthouse due to the pandemic.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

2:00 PM

CONT...

Trustee(s):

US Direct LLC

Chapter 7

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#2.00

CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Compelling Examination Of And Production Of Documents By Derek Doherty Pursuant To Federal Rule Of Bankruptcy Procedure 2004

(Motion filed 3/13/20)

FR: 4-13-20, 8-10-20; 12-14-20

Docket 186

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Continue to May 24, 2021 at 2:00 p.m. in view of the current closure of the Courthouse due to the pandemic.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

2:00 PM

CONT...

Movant(s):

US Direct LLC

Chapter 7

Jeffrey I. Golden, Chapter 7 Trustee Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:15-15311

Freedom Communications, Inc.

Chapter 11

#3.00

Hearing RE: Motion of Debtors And Debtors-In-Possession Under Bankruptcy Code 502(C) To Estimate Claim Of The California Department Of Tax And Fee Administration (CDTFA) And To Determine That CDTFA Owes Debtors Refunds In Excess Of The Claims Of CDTFA

(Motion filed 2-9-21)

Docket 1725

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

A plan of reorganization must be feasible in order to be confirmed. 11 U.S.C. § 1129(a)(11). To satisfy this requirement of bankruptcy law, the debtor must demonstrate that the plan "has a reasonable probability of success." Hamilton v. Elite of Los Angeles, Inc. (In re Hamilton), 803 Fed. Appx. 123, 125 (9th Cir. 2020). In many instances, a bankruptcy court will determine feasibility by closely scrutinizing the relationship between projections of the reorganized debtor’s expenses (including but not necessarily limited to the payment of claims) and projections of the reorganized debtor’s revenues. Generally speaking, if allowed claims are known and have been quantified, it is usually somewhat easier to project a reorganized

2:00 PM

CONT...

Freedom Communications, Inc.

Chapter 11

debtor’s expenses than a reorganized debtor’s revenues – because part of the expenses, namely the allowed claims, have been quantified.

Bankruptcy law has provisions for dealing with unliquidated and contingent claims: the claims estimation process under 11 U.S.C. § 502. As best this Court can determine, there is no similar provision in bankruptcy law dealing with the estimation of future anticipated revenues of a reorganized debtor. Nevertheless, a bankruptcy court that is asked to confirm a plan of reorganization will almost in every instance be required to informally estimate a reorganized debtor’s future revenues so that it can reach a conclusion regarding the feasibility of the proposed plan. In carrying out this task, a bankruptcy court may have the benefit of projections prepared by the debtor’s accountants or investment bankers. The bankruptcy court’s task in this instance is to determine if such projections are within the realm of probability so that the necessary determination of feasibility can be made.

Here, this Court is being asked to estimate both disputed tax claims and the amount of tax refunds to which the Debtors are alleged to be entitled. The amount of the alleged tax refunds greatly exceeds the amount of the disputed tax claims.

The Court agrees with the California Department of Tax and Fee Administration(the "CDTFA") that the disputed tax claims that are the subject of the Debtors’ motion are neither contingent nor unliquidated (for the reasons argued by the CDTFA). The Court also agrees with the CDTFA that this Court cannot estimate tax refunds because no provision of the Bankruptcy Code permits the estimation of revenues (as distinguished from claims). The Court therefore denies the motion.

However, this exercise has not been in vain from the Debtors’ standpoint. Having had an opportunity to review the comprehensive presentation of the tax issues prepared by both the Debtors’ counsel and the CDTFA’s counsel, this Court is prepared to determine that the piece of the feasibility puzzle relating to alleged tax

2:00 PM

CONT...

Freedom Communications, Inc.

Chapter 11

refunds and disputed tax claims is resolved in favor of the Debtors. In other words, for purposes of determining plan feasibility, this Court is prepared to determine that it is more probable than not that the Debtors will actually receive as revenues the tax refunds to which they claim in the motion they are entitled and that the CDTFA’s disputed tax claims will ultimately be allowed in the amounts contended by Debtors. This determination moves the plan process forward.

The Court believes that the proper way to bring the issue of the CDTFA’s tax claims and Debtors’ tax refund claims before the Court for final determination is through the commencement of one or more adversary proceedings. The Court envisions that the litigation related thereto will not need to reach resolution before confirmation of a plan. Any plan proposed by Debtors should address and provide for different scenarios such as a complete victory by Debtors, a complete victory by the CDTFA and mixed results in between. In this way, it will be possible to move forward with the plan process without waiting for resolution of the adversary proceedings.

Party Information

Debtor(s):

Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman

Christopher J Green Caroline Djang Scott D Fink

Reed M Mercado Jeffrey W Dulberg Rika Kido

Jonathan T Amitrano

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#4.00

CONT'D Hearing RE: First Interim Application for Fees and Reimbursement of Expenses from the Period of February 27, 2020 to January 27, 2021.

(Motion filed 1-29-21)

[RE: Thomas H. Casey - Chapter 11 Trustee] [Fees: $355,891.50; Expenses: $5,761.33]

FR: 2-22-21

Docket 753

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Chapter 11 Trustee Thomas Casey, with fees in the amount of $355,891.50 and expenses in the amount of

$5,761.33.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#5.00

CONT'D Hearing RE: First Interim Fees and/or Expenses for the Period from March 11, 2020 through December 31, 2020

(Motion filed 1-29-21)

[RE: Ringstad & Sanders, LLP - Attorney for Thomas H. Casey, Chapter 11 Trustee]

[Fees: $539,927.50; Expenses: $4,506.23]

FR: 2-22-21

Docket 755

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Ringstad & Sanders LLP, with fees in the amount of $536,927.50 and expenses in the amount of $4,506.23.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#6.00

CONT'D Hearing RE: First Interim Fee Application for the Period from June 20, 2020 through January 15, 2021

(Motion filed 1-29-21)

[RE: Force Ten Partners, LLC - Financial Advisor to Thomas H. Casey, Chapter 11 Trustee]

[Fees: $282,717.50; Expenses: $0.00]

FR: 2-22-21

Docket 756

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Force Ten Partners LLC, with fees in the amount of $282,717.50 and expenses in the amount of $0.00.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#7.00

CONT'D Hearing RE: First and Final Fee Application for the Period from February 28, 2020 to January 15, 2021

(Motion filed 1-28-21)

[RE: Nicastro & Associates, P.C. - Special Counsel to Chapter 11 Trustee] [Fees: $39,181.50; Expenses: $267.15]

FR: 2-22-21

Docket 745

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Trustee's Special Counsel Nicastro & Assoc. PC, with fees in the amount of $39,181,50 and expenses in the amount of $267.15.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#8.00

CONT'D Hearing RE: First Interim Fee Application from the Period of June 20, 2019 to February 27, 2020

(Motion filed 1-28-21)

[RE: OKeefe & Associates Law Corporation, P.C. - Former Special Litiation Counsel to Debtor-in-Possesion]

[Fees: $63,833.00; Expenses: $259.19]

FR: 2-22-21

Docket 746

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to O'keefe & Assoc. Law Corp. PC:

Period Ending 3-27-20.

Fees in the amount of $63,833.00 and expenses in the amount of $259.19.

Period Ending 12-31-20.

Fees in the amount of $227,832.30 and expenses in the amount of $905.47.

2:00 PM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#9.00

CONT'D Hearing RE: First Interim Fee Application from the Period of February 27, 2020 to December 31, 2020

(Motion filed 1-28-21)

[RE: OKeefe & Associates Law Corporation, P.C. - Special Litigation Counsel to Trustee]

[Fees: $227,832.30; Expenses: $905.47]

FR: 2-22-21

Docket 747

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Period Ending 3-27-20.

Fees in the amount of $63,833.00 and expenses in the amount of $259.19.

Period Ending 12-31-20.

Fees in the amount of $227,832.30 and expenses in the amount of $905.47.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Party Information

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#10.00

CONT'D Hearing RE: First Interim Fee Application from the Period of November 23, 2020 to December 31, 2020

(Motion filed 1-29-21)

[RE: Nelson Hardiman LLP - Special Transactional Counsel to Trustee] [Fees: $24,912.60; Expenses: $0.00]

FR: 2-22-21

Docket 759

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Nelson Hardiman LLP, with fees in the amount of $24,912.60 and expenses in the amount of $0.00.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#11.00

CONT'D Hearing RE: First Interim Application for Allowance and Payment of Fees and Reimbursement of Expenses from the Period of July 22, 2019 to January 15, 2021

(Motion filed 2-1-21)

[RE: Weiland Golden Goodrich LLP - Counsel for the Official Committee of Unsecured Creditors]

[Fees: $189,620.00; Expenses: $585.38]

FR: 2-22-21

Docket 762

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Wieland Golden Goodrich LLP, with fees in the amount of $189,620.00 and expenses in the amount of $585.38.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#12.00

CONT'D Hearing RE: First and Final Fee Application for the Period from June 20, 2019 to February 27, 2020

(Motion filed 1-28-21)

[RE: Nicastro & Associates - Former General Insolvency Counsel] [Fees: $387,045.50; Expenses: $9,211.69]

FR: 2-22-21

Docket 744

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to former general insolvency counsel Nicastro & Assoc. PC, with fees in the amount of $387,045.50 and expenses in the amount of $9,211.69.

The Court will not approve any fee applications on a final basis at this time.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Party Information

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#13.00

CONT'D Hearing RE: First Interim Fee Application for the Period of October 15, 2020 to January 27, 2021

(Motion filed 2-1-21)

[RE: Hahn Fife & Comapny LLP - Accountant] [Fees: $27,541.00; Expenses: $0.00]

FR: 2-22-21

Docket 763

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to accountants Hahn Fife & Co., with fees in the amount of $27,514.00 and expenses in the amount of $0.00.

RINGSTAD & SANDERS TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#14.00

Hearing RE: Debtor's Motion to Convert Case to Chapter 11 Under 11 U.S.C. Section 706(a) or 1112(a)

(Motion filed 2-17-21)

(Opposition filed 2-22-21) (Set per Notice filed 2-26-21)

Docket 21

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUED CASE TO APRIL 26, 2021 AT 2:00 PM ENTERED ON 3-8-21 (DOCKET NO. 52).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments

#1.00

PRE-TRIAL CONFERENCE re: Amended Complaint Second Amended Complaint to Determine Validity, Priority and Extent of Lien(s), for Declaratory Relief, and for Equitable Subordination by James E Till on behalf of Terry Lee Fleming Sr against Havasu Lakeshore Investments

From: 11/12/20, 11/19/20

Docket 44

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The stay of this adversary proceeding will remain in effect pending further order of this Court. A status conference is set for July 21, 2021 at 9:00 a.m. with an updated status report due July 7, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Terry Lee Fleming, Sr

Chapter 11

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Defendant(s):

Havasu Lakeshore Investments Represented By Martin A Eliopulos

Gregory M. Garrison Frederick M Reich

Plaintiff(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al

#2.00

CONT STATUS CONFERENCE Re: Hearing RE: lawsuit pending in State Court to Bankruptcy Court

(Notice of Removal filed 12/13/17)

[RE: Superior Court Of The State Of California For The County Of Riverside, Case No PSC1502480 ]

[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]

From: 5/21/20, 11/3/20, 11/19/20

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the stay of this adversary proceeding pending further order of the Court lifting the stay. A status conference is set for July 21, 2021 at 9:00 a.m. with an updated status report due July 7, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Terry Lee Fleming, Sr

Chapter 11

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Defendant(s):

Katherine Doucette Represented By Randall S Waier

Havasu Landing, LLC Represented By Michael B Reynolds

Terry Fleming, Jr. Represented By Michael B Reynolds

Plaintiff(s):

Terry Lee Fleming Sr Represented By James E Till James E Till James E Till

Havasu Lakeshore Investments Represented By Martin A Eliopulos

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al

#3.00

CONT STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court

(Notice of Removal filed 12/13/17)

From: 5/21/20, 11/3/20, 11/19/20

[RE: Superior Court Of The State Of California For The County Of Orange, Case No 30-2015-00805846-CU-FRCJC ]

[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the stay of this adversary proceeding pending further order of the Court lifting the stay. A status conference is set for July 21, 2021 at 9:00 a.m. An updated status report is due July 7, 2021.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

Terry Lee Fleming, Sr

Party Information

Chapter 11

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Defendant(s):

Terry Lee Fleming Jr Represented By Michael B Reynolds James E Till

Patricia Wilson-Fleming Represented By Randall S Waier

Havasu Landing LLC Represented By Michael B Reynolds James E Till

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Plaintiff(s):

Havasu Lakeshore Investments Represented By Martin A Eliopulos

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr

#4.00

CONT Status Conference re Complaint to (41) to block debtors discharge; to determine nondischargeability of debt re fraud judgment after jury trial; false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)

From: 6/4/20, 11/3/20, 11/19/20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In view of the continued closure of the Courthouse during the pandemic, the Court continues this status conference to June 8, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By

9:00 AM

CONT...

Terry Lee Fleming, Sr

James E Till Michael B Reynolds

Chapter 11

Defendant(s):

Terry Lee Fleming Sr Represented By James E Till

Plaintiff(s):

Havasu Lakeshore Investments Represented By Frederick M. Reich Martin A Eliopulos Grant G. Teeple

9:00 AM

6:19-18367

Affordable Auto Repair, Inc.

Chapter 11

#5.00

CONT. Hrg. on Chapter 11 Status Conference From: 7/2/20, 10/8/20, 11/9/20, 11/10/20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's performance under the terms of the confirmed plan.

Next status conference: September 7, 2021 at 9:00 a.m. An updated status report is due August 24, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Affordable Auto Repair, Inc.

Chapter 11

Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd

2:00 PM

6:17-17512

Douglas Craig Woodard

Chapter 7

#1.00

Hrg. on Trustee's Final Report and Applications for Compensation

[Karl T. Anderson, chapter 7 trustee] [Fees; $30328.12; Expenses; $92.08]

[Shulman Bastian Friedman & Bui LLP; attorney for trustee] [Fees; $99750.65; Expenses; $5512.29]

Docket 207

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

2:00 PM

CONT...

Douglas Craig Woodard

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of

$30,328.12 and expenses in the amount of $92.08.

The compensation is approved as to Shulman, Bastion, Friedman, & Bui LLP, with fees in the amount of $99,750.65 and expenses in the amount of $5,512.29.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Douglas Craig Woodard Represented By Michael G Spector

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

2:00 PM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#2.00

Debtor's motion filed 2/19/21 for order to approve post petition financing secured by equal or senior lien pursuant to 11 U.S.C. Section 364(d)

Docket 107

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will sustain the UST's objections and deny the motion without prejudice.

Alternatively, upon the Debtor's request, the Court will continue this hearing to April 26, 2021 at 2:00 p.m. and permit the filing of an amended motion on or before March 30, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Absolute Care Assisted Living & Represented By

Robert S Altagen

9:00 AM

8:18-11759

Chester Davenport

Chapter 7

Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester

#1.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(4) And Objection To Discharge Under 11 U.S.C. Sections 727(a)(2) And (a)(3)

(Complaint filed 10/26/18) (PTC set at S/C held 4/24/19)

FR: 1-16-19; 1-23-19; 3-27-19; 4-24-19; 12-18-19; 7-15-20, 10-21-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY PROCEEDING ENTERED ON 12/4/20 (DOCKET NO. 104).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

Defendant(s):

Davenport C. Chester Represented By Michael Jay Berger

Plaintiff(s):

Basho Technologies Holdco C, LLC Represented By

Bradley Gardner Randye B Soref Tanya Behnam

Basho Technologies Holdco E, LLC Represented By

Bradley Gardner Randye B Soref Tanya Behnam

9:00 AM

CONT...

Chester Davenport

Chapter 7

Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Tanya Behnam

Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Tanya Behnam

Basho Technologies Holdco B, LLC Represented By

Randye B Soref Bradley Gardner Tanya Behnam

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey

9:00 AM

8:19-12127

Richard J. Kelly

Chapter 7

Adv#: 8:20-01137 Golden v. Eisen

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint:

To Avoid and Recover Fraudulent Transfer Pursuant to 11 U.S.C. §§ 544(b) and 550; and California Civil Code §§ 3439.04(a)(1), 3439.07 and 3439.09
To Avoid and Recover Fraudulent Transfer Pursuant to 11 U.S.C. §§ 544(b)
And 550; And California Civil Code §§ 3439.04(a)(2); 3439.07 And 3439.09
To Preserve Avoided Transfers Pursuant to 11 U.S.C. § 551
For Authorization to Sell Real Property in which Co-owner Holds Interest Pursuant to 11 U.S.C. § 363(h)

(Complaint filed 9-24-20)

FR: 12-16-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to May 19, 2021 at 9:00 a.m. to allow additional time for settlement negotiations to continue. An updated status report is due May 5, 2021.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

Richard J. Kelly

Party Information

Chapter 7

Richard J. Kelly Represented By

J Scott Williams

Defendant(s):

Noam Eisen Pro Se

Joint Debtor(s):

Mary J. Kelly Represented By

J Scott Williams

Plaintiff(s):

Jeffrey I Golden Represented By Faye C Rasch

Trustee(s):

Jeffrey I Golden (TR) Represented By Faye C Rasch

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

Adv#: 8:20-01006 South Coast Behavioral Health v. 3151 Airway LLC et al

#3.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For Declaratory Relief; Turnover: Avoidance and Recovery of Avoidable Transfers

(Complaint filed 1/24/20)

(First Amended Complaint filed 3/10/20) (Another Summons Issued 3/11/2020) (PTC set at S/C held 6/3/2020)

FR: 4-15-20; 6-3-20; 1-27-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

This pretrial conference was continued from January 27, 2021 to March 17, 2021 because Plaintiff-Trustee Casey was uncertain whether he wanted to continue the litigation; the question turning on whether the asset purchaser intended to retain certain properties as leased assets. The Court will inquire into the present status of this matter now that the asset sale has closed.

Party Information

9:00 AM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Defendant(s):

3151 Airway LLC Represented By

Crystle Jane Lindsey

Nicole Poliquin Represented By

Crystle Jane Lindsey

Charles McPhail Represented By

Crystle Jane Lindsey

Plaintiff(s):

South Coast Behavioral Health Represented By Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

9:00 AM

8:20-11023

2808 Ocean Blvd. LLC, a Texas Limited Liability Co

Chapter 11

#4.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/24/2020)

FR: 6-3-20; 8-26-20; 11-18-20

Docket 6

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: August 11, 2021. An updated status report is due July 28, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

2808 Ocean Blvd. LLC, a Texas Represented By

9:00 AM

CONT...

2808 Ocean Blvd. LLC, a Texas Limited Liability Co

Jeffrey I Golden Beth Gaschen David M Goodrich

Chapter 11

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#5.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/31/2020)

FR: 6-3-20; 8-26-20; 11-18-20

Docket 15

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into Debtor's compliance with UST guidelines and requirements.

Next status conference: August 11, 2021 at 9:00 a.m. An updated status report is due July 28, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Jeffrey I Golden Beth Gaschen

Chapter 11

9:00 AM

8:15-15311

Freedom Communications, Inc.

Chapter 11

#6.00

CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)

Requiring Report On Status Of Chapter 11 case (Petition filed 11/1/15)

FR: 1-13-16; 3-2-16; 4-13-16; 7-27-16; 12-7-16; 4-19-17; 8-30-17; 12-13-17;

4-9-18; 8-1-18; 11-14-18; 4-8-19; 8-12-19; 11-13-19; 4-15-20; 9-9-20; 9-23-20

Docket 141

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: August 4, 2021 at 9:00 a.m. An updated status report is due July 21, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Freedom Communications, Inc.

Chapter 11

Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman

Christopher J Green Caroline Djang Scott D Fink

Reed M Mercado Jeffrey W Dulberg

9:00 AM

8:15-15311

Freedom Communications, Inc.

Chapter 11

#7.00

CONT'D Hearing RE: Approval Of First Amended Disclosure Statement For First Amended Joint Chapter 11 Plan Of Liquidation Proposed By Debtors And Official Committee Of Unsecured Creditors

(D.S. filed 6/4/2020) (OST Entered 6-9-2020)

(Amended D.S. filed 8-20-20) FR: 7-15-20, 9-9-20, 9-23-20

Docket 1696

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to May 12, 2021 at 9:00 a.m. to allow matters to come to rest regarding the motion to estimate the CDTFA claim.

An updated status report is due April 28, 2021. COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Freedom Communications, Inc.

Chapter 11

Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman

Christopher J Green Caroline Djang Scott D Fink

Reed M Mercado Jeffrey W Dulberg

9:00 AM

8:17-14478

Dennis Edward Lake

Chapter 7

Adv#: 8:18-01035 Federal Trade Commission v. Lake

#8.00

CONT Hearing RE: Motion Of Plaintiff Federal Trade Commission For Summary Judgment

(Motion filed 7/15/2020) FR: 9-9-20, 2-24-21

Docket 44

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

FACTUAL BACKGROUND

This factual background is largely taken from facts found by the United

9:00 AM

CONT...

Dennis Edward Lake

Chapter 7

States District Court for the Central District of California in a civil action brought by the FTC against Mr. Lake. Federal Trade Commission v. Lake, 181 F. Supp. 3d 692 (C.D. Cal. 2016) (the "District Court Civil Action").

9:00 AM

CONT...

Dennis Edward Lake

THE CURRENT BANKRUPTCY PROCEEDING

Chapter 7

Mr. Lake answered the complaint on March 12, 2018, disputing the FTC’s allegations material to its cause of action against him.

CRIMINAL PROCEEDINGS AGAINST MR. LAKE

9:00 AM

CONT...

Dennis Edward Lake

Chapter 7

Mr. Lake has presented evidence to this Court that he has been diagnosed with stage four mantle cell lymphoma cancer, underwent six rounds of high dose chemotherapy between March 2019 and August 2019, received a bone-marrow transplant and was hospitalized for 18 days after he went into septic shock. His physician advised him that the type of cancer he has is generally incurable. The District Court (criminal) judgment does not indicate why Judge Guilford found Mr. Lake was unable to pay any fine and not likely to become able to pay any fine, but it seems at least possible that the foregoing medical issues played a role in this matter.

THE FTC’S CONTENTIONS IN THE MOTION

misrepresentation, fraudulent or deceptive conduct by the debtor; (2) knowledge by the debtor of the falsity of the statement or conduct; (3) an intent to deceive; (4) justifiable reliance by the creditor on the debtor’s statement or conduct; and (5) loss to the creditor proximately caused by his, her or its reliance on the debtor’s statement or conduct. Motion at 14 of 24, lines 13-20. Turtle Rock Meadows Homeowners Assn. v. Slyman (In re Slyman), 234 F.3d 1081, 1085 (9th Cir. 2000). The FTC asserts that these five elements have been already proven up in the District Court Civil Action and the District Court Criminal Action against Mr. Lake and now cannot be re-litigated by Mr. Lake because of the application of the doctrine of issue preclusion (also sometimes referred to as collateral estoppel).
The FTC also correctly states the requirements of issue preclusion: (1) the party against whom issue preclusion is asserted was a party in the first proceeding;
9:00 AM
CONT...

Dennis Edward Lake

Chapter 7
the first proceeding ended with a final judgment on the merits; (3) the issue in question was necessarily decided in the first proceeding; and (4) the issue in the first proceeding is identical to the issue in the second proceeding (i.e., the one in which issue preclusion is being asserted) or, at the very least, there is "significant overlap between the evidence and application of the same rule of law. Motion at 12-13 of 24; Frankfort Digital Services, Ltd. v. Kistler (In re Reynoso), 477 F.3d 1117, 1122 (9th Cir. 2007); Kamilche Co. v. United States, 53 F.3d 1059, 1062 (9th Cir. 1995).

SUMMARY JUDGMENT STANDARDS

To prevail in this summary judgment motion, the FTC must show that there is no genuine issue of material fact remaining to be litigated and that it is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). The court is required to view the evidence in the light most favorable to the non-moving party. Bell v. Cameron Meadows Land Co., 669 F.2d 1278, 1284 (9th Cir. 1982). The moving party, here, the FTC, has the burden of establishing the absence of a genuine issue of material fact. Celotex v. Catrett, 477 U.S. 317, 323 (1987).

ANALYSIS
1. Issue Preclusion Based Upon the District Court Civil Action.
  
  The FTC proved up violations of the MARS Substantial Assistance Rule and the TSR Substantial Assistance Rule in the District Court Civil Action. The Court now examines and identifies the factual and legal issues necessarily decided by the
  9:00 AM
  CONT...
  
  Dennis Edward Lake
  
  Chapter 7
  District Court in reaching the conclusion that Mr. Lake violated each of those rules.
  1. Violation of the MARS Rule.
    
    Three elements must be proven up in order to show a violation of the MARS Substantial Assistance Rule: (1) an underlying violation of the MARS Rule by a MARS provider; (2) substantial assistance or support by a person to that provider; and (3) knowledge or conscious avoidance, on the part of the person, of the underlying violation. Proof of the first element, in turn, requires proof that (a) a service provider received an advance fee, (b) such person made material misrepresentations to their clients in violation of 12 C.F.R. § 1015.3, and (c) such person failed to make mandatory disclosures under 12 C.F.R. § 1015.4.
    What is glaringly absent here in terms of application of the issue preclusion doctrine is any requirement in the MARS Rule of a showing that the consumers to whom representations were made justifiably relied upon such representations. The FTC argues that "consumer reliance is presumed if the evidence shows the defendant made material misrepresentations and widely disseminated them, and consumers purchased the goods or services" under section 13(b) of the FTC Act.
    Motion at 20 of 21. However, the FTC makes no showing whatsoever that presumed reliance under section 13(b) of the FTC Act constitutes justifiable reliance under Slyman. There is an apparent and obvious difference between something that is presumed and something that is actual.
    
    What is also glaringly absent is proof of proximate cause of loss in the District Court Civil Action specifically tied to false representations. The District Court based its monetary award on the total amount paid by consumers to the HOPE defendants, but there was no showing in the District Court Civil Action that none of the HOPE defendants benefited in any way from the services performed by Mr. Lake and/or the other HOPE defendants. It may well be that under the relevant statutes
    9:00 AM
    CONT...
    
    Dennis Edward Lake
    
    Chapter 7
    and C.F.R. rules a person who is induced to pay an advance fee is entitled to a refund of every penny of the advance fee, but this is not the same thing as "loss" or "damage" proximately caused by a false representation. Thus, there is a large disconnect between damages for violation of the MARS Rule and damages for fraudulent misrepresentation.
    For these reasons, the FTC’s issue preclusion argument fails to the extent it relies upon the District Court’s finding of a MARS Rule violation.
  2. Violation of the TSR Rule.
    
    The TSR Rule prohibits a person from providing substantial assistance or support to any seller or telemarketer when that person knows or consciously avoids knowing that the seller or telemarketer is engaged in any act or practice that violates subsections (a), (c) or (d) of 16 C.F.R. § 310.3. 16 C.F.R. § 310.3(b). The substantial assistance provision has three elements: (1) there must be an underlying violation of the TSR; (2) the person must provide substantial assistance or support to the seller or telemarketer violating the TSR; and (3) the person must know or consciously avoid knowing that the seller or telemarketer is violating the TSR. The District Court in the District Court Civil Action found violation of the TSR by reason of false representations made by the HOPE defendants to consumers. The District Court also found that Mr. Lake substantially assisted the HOPE defendants and that he "knew" that fraud was in the HOPE defendants’ business model.
    As is the case with respect to the MARS Rule, the FTC did not prove in the District Court Civil Action that the consumers justifiably relied upon the HOPE defendants’ misrepresentations. Reliance was not proved up by the FTC because, apparently, the FTC fell back upon the presumption of reliance (but not necessarily justifiable reliance) contained in section 13(b) of the FTC Act. (Note in this regard that reliance and justifiable reliance are two different things, and a presumption of reliance under the FTC Act, even if it can be taken at face value and used in a
    9:00 AM
    CONT...
    
    Dennis Edward Lake
    
    Chapter 7
    Bankruptcy Court adversary proceeding for exception to discharge based upon fraud, is not tantamount to and does not equate to a showing of justifiable reliance).
    The FTC’s argument for application of issue preclusion based on the TSR Rule suffers from the same infirmities as its argument under the MARS Rule insofar as proximately-caused loss is concerned. There was no proof in the District Court Civil Action that the fraudulent misrepresentations that occurred proximately caused a loss equal to the full and entire amount of the advance fees paid by consumers. For this to be true, it would have to be the case that none of the consumers who paid money to the HOPE defendants obtained any beneficial loan modification – that they all totally wasted their money by paying advance fees to the HOPE defendants. But there was no proof of this, or any indication of the proof of this, in the District Court Civil Action.
    For these reasons, the FTC’s issue preclusion argument fails to the extent it relies upon the District Court’s finding of a TSR Rule violation.
2. Issue Preclusion Based Upon the District Court Criminal Action.

The FTC, relying upon the criminal judgment against Mr. Lake in the District Court Criminal Action (which in turn was based upon Mr. Lake’s plea of guilty to conspiracy to commit mail fraud), argues that issue preclusion standards are met and that Mr. Lake cannot now re-litigate the five elements of fraud under 11 U.S.C. § 523(a)(2). A decision cited by the FTC in support of this proposition, Aetna Casualty and Surety Co. v. Markarian (In re Markarian), 228 B.R. 34 (B.A.P. 1st Cir. 1998), strongly indicates that (1) section 523(a)(2) may include debts which arise from the wrongful acts of conspirators and their co-conspirators, and (2) predicate acts of mail fraud supporting a finding and conviction of a RICO violation under 18 U.S.C. § 1962 can be given issue preclusive effect in a section 523(a)(2) action in bankruptcy court.

9:00 AM

CONT...

Dennis Edward Lake

The Bankruptcy Appellate Panel of the Ninth Circuit has expressly refused to

Chapter 7

follow Markarian, deeming it to be inconsistent with Ninth Circuit case law (specifically, Tsurukawa v. Nikon Precision, Inc. (In re Tsurukawa), 287 B.R. 515 (9th Cir. 2002). See Reisman v. Ingredients International, LLC (In re Reisman), BAP No. NV-05-1471-MoSMa, 2006 WL 6811010 (B.A.P. 9th Cir., Aug. 18, 2006). Reisman is

an unpublished decision, but this Court finds its reasoning persuasive.

With respect to the proximate cause of loss element of fraud for purposes of 11

The Court has also reviewed a redacted version of Mr. Lake’s Plea Agreement For Defendant Dennis Edward Lake (the "Plea Agreement") (attached by the FTC as an exhibit to the Motion), and the Court finds no evidence of any admissions therein by Mr. Lake that can be used to prove up justifiable reliance. The Plea Agreement states that Mr. Lake admits have obtained approximately $373,950 through his business JD United from HOPE Services and HAMP Services, but the Plea Agreement in no way ties this amount to losses proximately caused by activities of Mr. Lake and his co-conspirators and suffered by victims of the fraud scheme. To the extent any of the redacted portions of the Plea Agreement address any of the points discussed in this paragraph, the FTC has failed to make a sufficient showing of issue preclusion

9:00 AM

CONT...

Dennis Edward Lake

Chapter 7

by failing to provide this Court with a non-redacted version of the Plea Agreement. (The Court is not in any way criticizing the FTC with respect to this matter. It seems likely to the Court that the redacted portions of the Plea Agreement have nothing to do with the matters discussed herein or else the FTC would have taken appropriate steps to bring those matters to the Court’s attention).

CONCLUSION

The FTC’s request for judicial notice is granted.

The Court sets a status conference with respect to this adversary proceeding for April 21, 2021 at 9:00 a.m.

Party Information

Debtor(s):

Dennis Edward Lake Represented By

D Justin Harelik

Defendant(s):

Dennis Edward Lake Pro Se

Plaintiff(s):

Federal Trade Commission Represented By Michael P Mora

9:00 AM

CONT...

Trustee(s):

Dennis Edward Lake

Chapter 7

Jeffrey I Golden (TR) Pro Se

2:00 PM

8:20-13310

Koji Yamakawa

Chapter 7

#1.00

Hearing RE: Motion to Extend Deadline to File Nondischargeability Complaint under 11 U.S.C. sections 523 and 727

(Motion filed 3-11-21)

(Hearing set per OST entered on 3-12-21)

Docket 10

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion and extend the deadline to file a complaint seeking relief under 11 U.S.C. § 523 or 11 U.S.C. § 727 to and including June 5, 2021.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Koji Yamakawa Represented By Varand Gourjian

Trustee(s):

2:00 PM

CONT...

Koji Yamakawa

Chapter 7

Weneta M.A. Kosmala (TR) Pro Se

9:00 AM

8:20-13274

Oscar Rolando Moran Flores

Chapter 7

#1.00

Motion for relief from stay [Personal Property]

Capital One Auto Finance vs DEBTOR (Motion filed 2-22-21)

[RE:2020 Toyota Corolla SE Sedan 4D, VIN No.: 5YFS4RCE5LP026015]

Docket 14

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Oscar Rolando Moran Flores

Party Information

Chapter 7

Oscar Rolando Moran Flores Represented By Arthur G Newton

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:20-11644

Mercedes Gomez Limon

Chapter 13

#2.00

CONT'D Motion for relief from stay [Real Property]

MEB Loan Trust III vs DEBTOR (Motion filed 12-31-20)

[RE: 5102 W 1st Street #B Santa Ana, California 92703]

FR: 1-25-21; 2-22-21

[Tele. appr., Austin P. Nagel, repr., MEB Loan Trust III]

Docket 37

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING ADEQUATE PROTECTION AGREEMENT ENTERED ON 2-24-21 (DOCKET NO. 44).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mercedes Gomez Limon Represented By Laleh Ensafi

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13014

Northern Holdings, LLC

Chapter 11

#3.00

CONT'D Motion for relief from stay [Real Property]

Farm Credit West, FLCA vs DEBTOR (Motion filed 11-6-20)

[RE: 2380 Live Oak Rd, Paso Robles, CA 93446]

Docket 11

*** VACATED *** REASON: OFF CALENDAR - HEARING CONTINUED TO TODAY'S AFTERNOON CALENDAR AT 2:00 PM.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Northern Holdings, LLC Represented By Matthew D. Resnik

9:00 AM

8:21-10325

Seom Young Hong and Choong Weon Hong

Chapter 7

#4.00

Hearing RE: Motion to Vacate Judgment or Order (Motion filed 3-3-21)

(Set per OST on 3-5-21)

Docket 25

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion provided, however, that the automatic stay shall not apply to events occurring during the interval between dismissal of the case and the entry of the order granting this Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Seom Young Hong Represented By Don Dao

Joint Debtor(s):

Choong Weon Hong Represented By

9:00 AM

CONT...

Trustee(s):

Seom Young Hong and Choong Weon Hong

Don Dao

Chapter 7

Thomas H Casey (TR) Pro Se

2:00 PM

8:19-14865

Ice Energy Holdings, Inc.

Chapter 7

#1.00

Hearing RE: First Interim Application for Compensation of Fees and Reimbursement of Expenses Incurred on Behalf of the Chapter 7 Trustee for the Period from May 27, 2020 to January 26, 2021

(Application filed 3-1-21)

[RE: Brutzkus Gubner - Special Counsel] [Fee: $43,340.50, Expenses: $189.00]

Docket 207

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Brutzkus Gubner, with fees in the amount of $43,340.050 and expenses in the amount of $189.00.

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo

2:00 PM

CONT...

Trustee(s):

Ice Energy Holdings, Inc.

Chapter 7

Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland Steven T Gubner Kerry A. Moynihan

2:00 PM

8:19-14865

Ice Energy Holdings, Inc.

Chapter 7

#2.00

Hearing RE: Second Interim Application for Allowance and Payment of Fees and Reimbursement of Expenses of Counsel for the Chapter 7 Trustee for the Period from March 28, 2020 to February 28, 2021

(Application filed 3-1-21)

[RE: Weiland Golden Goodrich LLP - Trustee's Attorney] [Fee: $65290.00, Expenses: $243.27]

Docket 209

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Weiland, Golden, Goodrich LLP, with fees in the amount of $65,290.00 and expenses in the amount of $243.27.

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo

2:00 PM

CONT...

Trustee(s):

Ice Energy Holdings, Inc.

Chapter 7

Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland Steven T Gubner Kerry A. Moynihan

2:00 PM

8:19-13374

Martha S Adair

Chapter 11

#3.00

Hearing RE: First and Final Fee Application for Allowance and Payment of Fees and Reimbursement of Expenses Incurred for the Period from August 30, 2019 to February 15, 2021

(Application filed 2-26-21)

[RE: Force Ten Partners, LLC - Financial Advisor] [Fee: $19,598.00, Expenses: $0.00]

Docket 187

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on a final basis as to Force Ten Partners, LLC, with fees in the amount of $19,598.00 and expenses in the amount of $0.00.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Martha S Adair Represented By

2:00 PM

CONT...

Martha S Adair

Richard H Golubow Ryan A Baggs

Chapter 11

2:00 PM

8:19-13374

Martha S Adair

Chapter 11

#4.00

Hearing RE: First and Final Application for Allowance and Payment Of Fees and Reimbursement of Expenses for the Period from February 6, 2020 to January 31, 2021

(Application filed 2-26-21)

[RE: Winthrop Golubow Hollander, LLP - General Insolvency Counsel] [Fee: $449,326.00, Expenses: $18,556.54]

Docket 190

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on a final basis as to Winthrop, Golubow, Hollander LLP, with fees in the amount of $449,326.00 and expenses in the amount of

$18,556.54.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Martha S Adair

Chapter 11

Martha S Adair Represented By Richard H Golubow Ryan A Baggs

2:00 PM

8:19-13374

Martha S Adair

Chapter 11

#5.00

Hearing RE: First and Final Fee Application for Allowance of Fees and Expenses from the Period of October 11, 2019 to February 25, 2021

(Application filed 2-26-21)

[RE: Hahn Fife & Company LLP - Accountant] [Fee: $28,177.00, Expenses: $0.00]

Docket 189

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on a final basis as to Hahn Fife & Company LLP, with fees in the amount of $28,177.00 and expenses in the amount of $0.00.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Martha S Adair Represented By Richard H Golubow

2:00 PM

CONT...

Martha S Adair

Ryan A Baggs

Chapter 11

2:00 PM

8:19-13374

Martha S Adair

Chapter 11

#6.00

Hearing RE: First and Final Application for Allowance and Payment of Fees for the Period from August 27, 2019 to September 9, 2021

(Application filed 2-26-21)

[RE: Yvonne M. Karn - Personal Property Appraiser] [Fee: $14,528.00, Expenses: $0.00]

Docket 186

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on a final basis as to Yvonne M. Karn, with appraiser fees in the amount of $35,928.00.00. Payment of amount due of $14,528.00 is authorized.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Martha S Adair Represented By

2:00 PM

CONT...

Martha S Adair

Richard H Golubow Ryan A Baggs

Chapter 11

2:00 PM

8:19-13374

Martha S Adair

Chapter 11

#7.00

Hearing RE: First and Final Application for Allowance and Payment of Chapter 11 Fees and Reimbursement of Chapter 11 Expenses of Former Counsel for Debtor from the Period from August 29, 2019 to February 23, 2021

(Motion filed 2-26-21)

[RE: Weiland Golden Goodrich LLP - Debtor's Attorney] [Fee: $98,885.00; Expenses: $1,518.56]

Docket 185

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on a final basis as to Weiland Golden Goodrich LLP, with fees in the amount of $98,885.00 and expenses in the amount of $1,518.56.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Martha S Adair

Chapter 11

Martha S Adair Represented By Richard H Golubow Ryan A Baggs

2:00 PM

8:20-11023

2808 Ocean Blvd. LLC, a Texas Limited Liability Co

Chapter 11

#8.00

Hearing RE: Motion of Debtor and Debtor-in-Possession for Order Dismissing Chapter 11 Bankruptcy Case

(Motion filed 3-1-21)

Docket 114

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will grant the motion and dismiss the case.

DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

2808 Ocean Blvd. LLC, a Texas Represented By Jeffrey I Golden Beth Gaschen David M Goodrich James A Hayes Jr

2:00 PM

8:20-13014

Northern Holdings, LLC

Chapter 11

#9.00

CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)

Requiring Report On Status Of Chapter 11 Case (Petition filed 10/28/2020)

FR: 1-13-21; 2-24-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into Debtor's compliance with UST guidelines and requirements.

Next status conference: July 21, 2021 at 9:00 a.m. An updated status report is due July 7, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Northern Holdings, LLC Represented By

2:00 PM

CONT...

Northern Holdings, LLC

Matthew D. Resnik

Chapter 11

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 11

#10.00

Hearing RE: Motion by United States Trustee to Dismiss or Convert Case Pursuant to 11 U.S.C. Section 1112(B)

(Motion filed 2-16-21)

Docket 60

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES REQUIRED.

The Debtor is seeking to sell its properties at something other than a fire sale or a total loss through foreclosure, so that taxing authorities and creditors can be paid. The Court is inclined to give Debtor more time to sell its properties.

Therefore, the Court will continue this Motion to June 14, 2021 at 2:00 p.m. The Court expects to see substantial progress in terms of property sales by that date.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

2:00 PM

CONT...

Northern Holding, LLC

Roksana D. Moradi-Brovia

Chapter 11

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 11

#11.00

Hearing RE: Motion of Farm Credit West, FLCA to Compel Compliance with Subpoena Pursuant to Fed. R. Civ.P.45, Fed.R.Bankr.P.9014, and 9016 (Motion filed 2-25-21)

Docket 65

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion and grant FCW's request for judicial notice. Authorities cited by Mr. Rackerby are not an obstacle to production of documents (including tax returns) as ordered by a court.

FARM CREDIT WEST TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

2:00 PM

8:20-13014

Northern Holdings, LLC

Chapter 11

#12.00

CONT'D Motion for relief from stay [Real Property]

Farm Credit West, FLCA vs DEBTOR (Motion filed 11-6-20)

[RE: 2380 Live Oak Rd, Paso Robles, CA 93446]

Docket 11

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court determines that an evidentiary hearing likely will be required to determine whether or not the petition was filed in bad faith for the purposes of hindering, delaying, or defauding a creditor. Because the Courthouse is closed to non-emergency matters, the Court cannot now hold an evidentiary hearing, and therefore, finding good cause under 11 U.S.C. § 362(e), continues this hearing to June 14, 2021 at 2:00

p.m. The automatic stay remains in place. COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Northern Holdings, LLC

Chapter 11

Northern Holdings, LLC Represented By Matthew D. Resnik

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 11

#13.00

Hearing RE: First Interim Application for Allowance of Fees and Reimbursement of Costs for the Period October 28, 2020 Through February 4, 2021

(Application filed 2-26-21)

[RE: Resnik Hayes Moradi LLP - General Bankruptcy Counsel] [Fee: $65,629.50, Expenses: $1,983.18]

Docket 67

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Resnik Hayes Moradi LLP, with fees in the amount of $65,629.50 and expenses in the amount of $1,983.18.

However, no payment is authorized at this time absent a determination as to the extent to which Farm Credit is over or under-secured.

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Northern Holding, LLC

Chapter 11

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 11

#14.00

Hearing RE: Application of Debtor and Debtor-in-Possession for Authority to Employ Hilco Real Estate, LLC as Real Estate Agent

(Motion filed 2-15-21)

(Opposition filed 2-26-21) (Set per notice filed 3-3-21)

Docket 57

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Application. Debtor is entitled to have a reasonable period of time in which to sell its properties so that Farm Credit and other creditors are paid.

Further, Debtor is entitled to employ disinterested brokers to find buyers and effectuate a sale. The extent to which Farm Credit is over or under-secured has not yet been determined by this Court (and will likely require an evidentiary hearing).

In granting this Application, the Court makes no determination (and rights are reserved to Farm Credit) as to whether certain provisions of the agreement requiring payments to Hilco would or would not be a permissible use of Farm Credit's cash collateral.

DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

2:00 PM

CONT...

Debtor(s):

Northern Holding, LLC

Party Information

Chapter 11

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

9:00 AM

6:19-16545

DDI Distribution of California LLC

Chapter 7

Adv#: 6:20-01118 Bui v. PAL Distribution, Inc. et al

#1.00

CONT STATUS CONFERENCE re: Complaint by Lynda Bui against PAL Distribution, Inc., Peter Larios, Jose Castellanos. (Charge To Estate). ($350.00) for 1) Breach of Fiduciary Duty [11 U.S.C. § 541; Cal. Corp. Code § 17704.09; Cal. Civ. Code §§ 3294 and 3333]; 2) Violation of Cal. Penal Code Section 496(a); 3) Conversion; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 6) Avoidance of Constructive

Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§3439.04, 3439.05, 3439.07]; 7) Preservation of Avoided Transfers [11 U.S.C. § 551]; 8) Disallowance of Claims [11 U.S.C. § 502(d)]; and 9) Turnover of Property of the Estate [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) (Iskander, Brandon) Modified on 6/24/2020

(Cont. from 11/05/20)

Docket 1

*** VACATED *** REASON: CONTINUED TO 8/31/21 BY ORDER ENTERED ON 2/22/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

DDI Distribution of California LLC Represented By

Mark E Brenner

Defendant(s):

PAL Distribution, Inc. Pro Se

Peter Larios Pro Se

9:00 AM

CONT...

DDI Distribution of California LLC

Chapter 7

Jose Castellanos Pro Se

Plaintiff(s):

Lynda Bui Represented By

Brandon J Iskander

Trustee(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander

9:00 AM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#2.00

CONT Hrg. on Chapter 11 Subchapter V Status Conference From: 10/20/20, 12/8/20

(Tele. appr. Caroline Djang, trustee)

(Tele. appr. Cameron Ridley, rep. United States Trustee) (Tele. appr. Douglas Plazak, rep. Debtor)

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: August 10, 2021 at 9:00 a.m. An updated status report is due July 27, 2021.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

Power Bail Bonds, Inc.

Party Information

Chapter 11

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro

Trustee(s):

Caroline Renee Djang Pro Se

2:00 PM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#1.00

Hrg. on First Amended Disclosure Statement (Tele. appr. Terry Fleming) - LISTEN ONLY (Tele. appr. Terry Fleming, Jr.) - LISTEN ONLY

(Tele. appr. Frederick Reich, rep. Havasu Lakeshore Investments)

(Tele. appr. Michael Reynolds, rep. Terry Lee Fleming Jr. and Havasu Landing)

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

HLI Disclosure Statement

Pursuant to Mr. Fleming Sr.’s previously confirmed and now un-confirmed chapter 11 plan, Mr. Fleming, Sr. transferred various parcels of real property to Havasu

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

Lakeshore Investments, LLC ("HLI") having a fair market value at the time of such transfer of $3,694,000. This valuation was determined by the Court after receiving and analyzing the sworn testimony of expert witnesses and a comprehensive briefing of the relevant issues by Mr. Fleming, Sr. and HLI. The valuation was not disturbed on appeal by the United States Bankruptcy Appellate Panel of the Ninth Circuit.

HLI’s Amended Competing Plan of Reorganization Dated February 12, 2021 (the "HLI Plan") proposes to give Mr. Fleming, Sr. credit for these real property transfers in the amount of only $2,827,022 against his financial obligations to HLI. This is a shortfall of $866,978. Whether HLI is asking the Court to become a party to a fraudulent transfer by confirming a plan of reorganization in which Mr. Fleming fails to receive reasonably equivalent value for real property transfers made by him is an issue the Court need not reach. There is a much more fundamental problem here, namely, whether the HLI Plan is being proposed in good faith. A creditor who is paid, say, $10,000 in cash by a debtor and who then informs the debtor that he or she is being given only $6,000 of credit against the outstanding loan is operating unlawfully and certainly is not acting in good faith. Here, HLI, having received $3,694,000 in value from the real property transfers and proposing to give Mr. Fleming only

$2,827,022 in credit with respect to such transfers, would not be acting in good faith if such transaction is permitted to go forward on those terms.

The HLI Plan as described in the Amended Disclosure Statement Regarding Havasu Lakeshore Investment’s Competing Plan of Reorganization Dated February 12, 2021 (the "HLI Disclosure Statement") is patently non-confirmable because it is not proposed in good faith. 11 U.S.C. § 1129(a)(3).

For this reason, the HLI Disclosure Statement is disapproved.

Joint Proponents' Disclosure Statement

Plan proponents Terry Lee Fleming, Jr. and Havasu Landing, LLC (collectively, the "Joint Proponents") move the Court to approve their Amended Disclosure Statement

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

Regarding Plan Proponents’ Joint Chapter 11 Plan of Reorganization Dated February 12, 2021 (the "Disclosure Statement"). Havasu Lakeshore Investments, LLC ("HLI"), the principal creditor in the case, objects to approval of the Disclosure Statement on a number of grounds.

HLI’s first argument is that the Joint Proponents’ Amended Joint Plan (the "JP Plan") impairs HLI’s secured claim "by forcing HLI to accept real property in exchange for an approximate $3.6M credit . . ." This argument completely misstates the facts. The JP Plan does not force HLI to accept any real property. Real property has already been conveyed to HLI, and the JP Plan merely recognizes the economic reality that HLI must treat Mr. Fleming, Sr.’s obligation to it to have been paid down in an amount equal to the real property’s fair market value.

HLI’s second argument is that the JP Plan is not "fair and equitable" because "it does not provide for HLI’s judgment liens to attach to the property such to such liens if the property is sold." HLI then goes on to quote language in the JP Plan at page 26 generally providing that HLI must release its lien on real property where the proceeds of a sale or refinancing "are utilized to pay HLI on account of its Secured Claim in accordance with the Plan . . ." The JP Plan provides that Mr. Fleming, Sr. is to make five consecutive annual payments to HLI to fully satisfy its claim. Conceivably, it could be argued that the Plan language quoted above could entitle Mr. Fleming to require HLI to release its lien on the sold or refinanced real property simply on the strength of Mr. Fleming’s promise to later use the sales proceeds to make a scheduled annual payment to HLI. The Court agrees with HLI that this would be improper. The Court eliminates this issue by clarifying that the Court interprets the Plan language discussed above to mean that HLI must be paid the proceeds of sale or refinancing before, or simultaneously with, the release of HLI lien against that real property.

HLI’s third argument is that HLI is not being given the indubitable equivalent of its secured claim. This argument fails because the Joint Proponents are seeking cramdown not under 11 U.S.C. § 1129(b)(2)(A)(iii) (indubitable equivalent) but rather 11 U.S.C. § 1129(b)(2)(A)(i)-(ii). The JP Plan proposes to satisfy cramdown requirements by transferring cash to HLI in a series of payments and annual

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

installments. Indubitable equivalence is not an issue here. The United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") determined that a previous plan of reorganization by a different plan proponent (namely, Mr. Fleming, Sr.) provided a package of consideration to HLI that failed to provide HLI with a realization of the "indubitable equivalent" of its claims. The JP Plan is a plan of reorganization by different plan proponents with a substantially different package of consideration being provided to HLI that takes into account a prior major paydown of HLI’s claim. Indubitable equivalence simply plays no role here.

It is true that this Court is relying upon its previous valuation of the real property conveyed under the Mr. Fleming, Sr.’s confirmed and later un-confirmed plan of reorganization. But, as the Joint Proponents argue, such valuation was not reversed or overruled by the BAP. The BAP considered whether the package of consideration provided to HLI under Mr. Fleming, Sr.’s plan (which included but was not limited to the real property conveyed to HLI) satisfied indubitable equivalence – and concluded that it did not.

HLI argues that the JP Plan is not "fair and equitable" because it substitutes HLI’s cash collateral for riskier real property liens. However, the JP Plan expressly leaves all of HLI’s liens intact. HLI’s remaining claim of approximately $1.5 million would be hugely oversecured by about $4.5 million in collateral, with the result that HLI would remain adequately protected and over-secured both before and after cash collateral is used.

Regarding the adequacy of disclosures concerning the business operations of Havasu Landing and their income-generating capacity, the Court determines that such operations are of minor or marginal relevance here given the fact that projected payments to HLI will come wholly from Mr. Fleming Sr.’s cash balances and the sale of the Carmel and Del Dios properties, not from revenues generated by Havasu Landing. For the same reason, any discussion of Mr. Fleming, Sr.’s potential loss of the OCFTA litigation (resulting in the bankruptcy estate owning 100 percent of Havasu Landing, subject to HLI’s judgment lien), would likewise be pointless and

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

irrelevant (and would make HLI even more oversecured than it is already). For these reasons, HLI’s objection to the Disclosure Statement is overruled.

The Court has independently reviewed the Disclosure Statement (apart from HLI’s objections, in other words) and determines that it satisfies the requirements of 11

U.S.C. § 1125. Therefore, the Court approves the Disclosure Statement and will issue a scheduling order as follows:

The JP Plan, Disclosure Statement, Ballots and a copy of the scheduling order shall be distributed on or before March 31, 2021.
Ballots and objections to confirmation of the JP Plan are due April 30, 2021.
Replies to objections and the plan confirmation memorandum are due May 7, 2021.
The Court sets the plan confirmation hearing for May 19, 2021 at 2:00 p.m. JOINT PROPONENTS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

2:00 PM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#2.00

Hrg. on Judgment Lien Creditor, Havasu Lakeshore Investments, LLC Motion for Order regarding the Sale of Lot 57

(Tele. appr. Terry Fleming) - LISTEN ONLY (Tele. appr. Terry Fleming, Jr.) - LISTEN ONLY

(Tele. appr. Frederick Reich, rep. Havasu Lakeshore Investments)

(Tele. appr. Michael Reynolds, rep. Terry Lee Fleming Jr. and Havasu Landing)

Docket 582

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court agrees with Terry Lee Fleming, Jr. that a "separate stipulation" is not the same thing as a "similar stipulation" or the "same stipulation." HLI was on notice as of November 5 or 6, 2020, that no firm deal was in place as to Lot 57 - otherwise the Stipulation as to Lot 7 that was executed would have included a reference to Lot 57.

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

The sale of Lot 57 shall go forward. However, all HOA dues up to $5,556.61 shall be paid out of escrow to the HOA.

HLI's motion is granted in part in accordance with the foregoing terms.

HLI TO LODGE ORDER AFTER IT HAS BEEN APPROVED AS TO FORM BY TERRY LEE FLEMING, JR. VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

2:00 PM

6:19-13924

Rigoberto Aguirre Cabrera

Chapter 7

#3.00

Hrg. on Trustee's Final Report and Applications for Compensation

[Lynda Bui, chapter 7 Trustee] [Fees; $815.50; Expenses; $46.34]

(Tele. appr. Lynda Bui, chapter 7 trustee)

Docket 54

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Rigoberto Aguirre Cabrera

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of $815.50 and expenses in the amount of $46.34.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Rigoberto Aguirre Cabrera Represented By

Leroy Bishop Austin

Trustee(s):

Lynda T. Bui (TR) Pro Se

2:00 PM

6:19-15257

Nargis Rashid Vagh

Chapter 7

#4.00

Hrg. on Trustee's Final Report and Applications for Compensation

[Todd Frealy, chapter 7 trustee] [Fees; $1350.00; Expenses; $152.30]

Docket 25

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Nargis Rashid Vagh

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of $1,350.00 and expenses in the amount of $152.30.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Nargis Rashid Vagh Represented By

Stuart G Steingraber

Trustee(s):

Todd A. Frealy (TR) Pro Se

2:00 PM

6:20-11555

Laurie Lynn Bilderback

Chapter 7

#5.00

Hrg. on Chapter 7 Trustee's Motion filed 2/26/21 Pursuant To Federal Rule Of Bankruptcy Procedure 9019(a) For An Order Approving Settlement And Compromise Of Controversy Between Todd A. Frealy, Chapter 7 Trustee And Perry Williams and Blaine Williams

(Tele. appr. Richard Steelman, Jr., rep. Todd Frealy, chapter 7 trustee)

Docket 45

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Laurie Lynn Bilderback Represented By Thomas M Bundy

2:00 PM

CONT...

Trustee(s):

Laurie Lynn Bilderback

Chapter 7

Todd A. Frealy (TR) Represented By

Richard P Steelman Jr

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01102 Golden v. Fletcher Jones Motor Cars, Inc.

#1.00

CONT'D Hearing RE: Motion to Quash The Subpoena Of Defendant Fletcher Jones Motor Cars

(Motion filed 1-21-21)

FR: 2-17-21

Docket 15

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the Motion in part. Mr. Doherty is a custodian of the documents at issue and, as such, is not entitled to claim Fifth Amendment privilege with respect to documents that are the property of Debtor.

As to Mr. Doherty's Fifth Amendment privilege regarding oral testimony, the Court cannot determine this issue at the present time because an evidentiary hearing is required and the Courthouse is currently closed to the public. This aspect of the Motion is continued to September 13, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

US Direct LLC

Party Information

Chapter 7

US Direct LLC Pro Se

Defendant(s):

Fletcher Jones Motor Cars, Inc. Represented By Annie Y Stoops

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-12322

9025 Colorado Ave., LLC

Chapter 7

Adv#: 8:20-01116 Marshack v. Unique Funding Solutions, LLC et al

#2.00

Hearing RE: Plaintiff's Motion for Default Judgment Under LBR 7055-1 as to Kash Kapital

(Motion filed 3-3-21)

Docket 21

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

9025 Colorado Ave., LLC Represented By

Blake J Lindemann

Defendant(s):

Unique Funding Solutions, LLC Represented By Jennifer M Millier

9:00 AM

CONT...

9025 Colorado Ave., LLC

Chapter 7

Kash Kapital, LLC Pro Se

Region Capital, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Tinho Mang

D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

9:00 AM

8:19-12322

9025 Colorado Ave., LLC

Chapter 7

Adv#: 8:20-01116 Marshack v. Unique Funding Solutions, LLC et al

#3.00

Hearing RE: Plaintiff's Motion for Default Judgment Under LBR 7055-1 as to Region Capital, LLC

(Motion filed 3-3-21)

Docket 22

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

9025 Colorado Ave., LLC Represented By

Blake J Lindemann

Defendant(s):

Unique Funding Solutions, LLC Represented By Jennifer M Millier

9:00 AM

CONT...

9025 Colorado Ave., LLC

Chapter 7

Kash Kapital, LLC Pro Se

Region Capital, LLC Pro Se

Plaintiff(s):

Richard A. Marshack Represented By Tinho Mang

D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

9:00 AM

8:19-14723

James Alvin Grove

Chapter 7

Adv#: 8:20-01026 Nigolian et al v. Grove

#4.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt, To Deny Debtor's Discharge And For Entry Of Judgment

(Complaint filed 3/12/20)

FR: 6-3-20; 7-15-20; 1-20-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the Status Conference to November 10, 2021 at 9:00 a.m. An updated status report is due October 27, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

James Alvin Grove Represented By Michael N Nicastro

9:00 AM

CONT...

James Alvin Grove

Michael G Spector

Chapter 7

Defendant(s):

James Alvin Grove Represented By Michael G Spector

Plaintiff(s):

Sarine Nigolian Represented By Grant A Nigolian

Grant Nigolian Represented By Grant A Nigolian

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al

#5.00

Hearing RE: Order to Show Cause Re Abstention (OSC set 1-22-21)

Docket 48

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the OSC and abstain from determination of Fineline Woodworking, Inc. v. 239 Carnation, LLC et al., Adv. Proc. 8:20-ap-01112-MW for the reasons argued by Bridge Loan Financial, Inc. and the Debtor.

The twelve-factor test described in In re GACN, Inc., 555 B.R. 684, 693-94 (B.A.P. 9th Cir. 2016) leads to the conclusion that abstention is the proper course for the Court to follow here.

If this Court abstains, the California state courts will hear and determine the action brought by Fineline Woodworking, Inc. ("Fineline"). There is no particular reason to believe that the state courts will be less efficient at this task than this Court. This factor is neutral.

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

State law issues – the validity of Fineline’s claims -- are based upon California state law. This factor weighs heavily in favor of abstention. State law issues hugely predominate over bankruptcy issues.

California’s mechanics’ lien laws are quite complex. This factor weighs heavily in favor of abstention.

Because the adversary proceeding at issue was originally commenced in state court prior to being removed to this Court, this factor weighs moderately in favor of abstention. It does not weigh heavily in favor of abstention because the state court proceedings have not yet progressed into the discovery stage.

None of Fineline’s claims arise under federal bankruptcy law. Thus, the rationale behind this Court exercising jurisdiction is quite tenuous. This factor weighs heavily in favor of abstention.

Fineline’s action does bear some relatedness to 239 Carnation, LLC’s bankruptcy case because the determination of lien priorities will affect distribution in this case. This factor weighs in favor of the Court not abstaining.

The remaining factors weigh in favor of abstention for the reasons argued by Bridge Loan Financial, Inc.

BRIDGE LOAN FINANCIAL, INC. TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Bridge Loan Financial, Inc. Represented By Zi Chao Lin

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Steven Perkins Represented By Katharine B Lau

239 Carnation, LLC Represented By Beth Gaschen

Mola Builders, Inc. Pro Se

Plaintiff(s):

Fineline Woodoworking, Inc. Represented By James A Hayes Jr Eoin L Kreditor Brook J Changala

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al

#6.00

CONT'D Hearing RE: Defendant Perkins' Motion to Dismiss (Motion filed 12-14-20)

FR: 1-20-21

Docket 41

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will deny the motion to dismiss as moot in view of the Court's decision to abstain from hearing this adversary proceeding.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Defendant(s):

Bridge Loan Financial, Inc. Represented By Zi Chao Lin

Steven Perkins Represented By Katharine B Lau

239 Carnation, LLC Represented By Beth Gaschen

Mola Builders, Inc. Pro Se

Plaintiff(s):

Fineline Woodoworking, Inc. Represented By James A Hayes Jr Eoin L Kreditor Brook J Changala

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

#7.00

CONT'D Hearing RE: Motion to Appoint a Chapter 11 Trustee (Motion filed 2-11-21)

FR: 3-8-21

Docket 67

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Creditor Vitamins Online, Inc. ("VOI") moves the Court to appoint a Chapter 11 Trustee (the "Motion"), citing a variety of grounds, including conflict of interest, dishonesty and a bad faith filing. The Office of the United States Trustee (the "UST") has filed a statement of position urging the Court to grant the Motion, citing multimillion dollar transfers made by chapter 11 debtor Heartwise, Inc. ("Heartwise") to related entities on the eve of the filing of Heartwise’s bankruptcy petition.

Heartwise opposes the Motion and asks the Court to either deny the Motion or consider an alternative remedy, namely, the appointment of an examiner.

Heartwise and VOI are business competitors. In 2013, VOI brought an action against Heartwise in the United States District Court for the District of Utah (the "District

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

Court") based upon unfair competition and Utah common law false advertising. VOI prevailed in the lawsuit. The District Court, the Honorable Dale A. Kimball presiding, entered judgment against Heartwise in the amount of $9,551,232 plus prejudgment interest from 2014 at the rate of 2.13 percent per annum on November 10, 2020. VOI alleges that prejudgment interest plus a pending claim for attorneys’ fees and costs bring VOI’s claim up to approximately $14.5 million.

Heartwise is in the business of selling nutritional supplements. It does not manufacture the supplements itself; instead, it outsources the manufacture to Robinson Pharma, Inc. ("RP"). There is familial co-ownership of Heartwise and RP. Heartwise is owned 51 percent by Tuong Nguyen ("Mr. Nguyen") and 49 percent by David P. Doyle ("Mr. Doyle"). RP is owned 100 percent by Mr. Nguyen’s daughter, Tam Nguyen ("Ms. Nguyen"). Mr. Nguyen is both Heartwise’s CEO and RP’s CEO. Heartwise also appears to outsource logistics, customer support, certain bookkeeping functions and web programming to Alpha Health Research aka DRM ("DRM").

Heartwise alleges that DRM is 100 percent owned by Da-Qing Gao ("Gao").

Heartwise transferred $3.5 million to RP and $700,000 to DRM between November 20, 2020 and November 23, 2021. Heartwise’s bankruptcy petition was filed on December 4, 2020 --- 24 days after judgment was entered against it in the District Court.

The filing of a bankruptcy petition following the entry of a large judgment against a debtor is hardly novel. Unless a debtor has the ability to stay the execution of the judgment through the posting of a bond, enforcement of the judgment has the great potential to destroy the debtor’s business to the detriment of the debtor’s employees, suppliers, vendees, trade creditors and equity owners. As the famed Texaco case illustrates, the filing of a bankruptcy petition under these circumstances is hardly a bad faith filing. A case may well be a two-party dispute, but this does not necessarily render it a bad faith filing. Many more interests can be at stake beyond those of the debtor and the debtor’s equity owners.

Heartwise’s outsourcing business model does not and should not deprive it of the right

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

to reorganize under chapter 11 that is enjoyed by companies who choose to vertically integrate their business operations within a single company.

The existence of commonly-controlled companies does not necessarily imply that that business relations between such companies are not at arm’s length. Commonly- controlled companies can and do operate at arm’s length. A failure to do so can trigger seriously adverse Federal income tax consequences pursuant to 26 U.S.C. §

482. Section 482 creates a powerful incentive to operate at arm’s length and a disincentive to improperly favor one company over the other. A totally unrelated company doing business with Heartwise likely would be entirely prudent in demanding deposits from Heartwise following the entry of a seven- or eight-figure judgment against it. Who would want to do business with a company facing the enforcement of a $14 million-plus judgment absent solid security in the form of cash deposits?

VOI alleges that Mr. Nguyen and Elaine Phan ("Ms. Phan") provided many "I don’t know" and "I don’t remember" responses to questions at section 341(a) meetings.

Heartwise contends that English is the second language of Mr. Nguyen and Ms. Phan and that they did not always understand the question that was being asked. The Court is unable to determine based upon the evidence presented whether Mr. Nguyen and Ms. Phan simply did not understand the questions based upon their alleged limited knowledge of English or whether they gave intentionally false answers to the questions presented to them.

VOI contends that Heartwise filed false schedules, failing to list valuable intellectual property. However, VOI fails to specifically identify any intellectual property asserted to be owned by Heartwise.

For these reasons, the Court determines that the appointment of a chapter 11 trustee is premature. The Court therefore denies the Motion without prejudice. Instead, the Court will direct the UST pursuant to 11 U.S.C. § 1104(c ) - (d) to appoint an examiner and will require the examiner to report to the Court no later than 120 days after actual appointment on the following issues: (1) whether Heartwise on one hand

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

and RP and DRM on the other hand have been doing business at arm’s length or, alternatively, on terms that unduly benefit RP and/or DRM; (2) whether Heartwise is so unprofitable that an earn-out plan is out of the question and that what lies ahead is a liquidation; (3) whether the work being performed by Mr. Nguyen and Ms. Phan justifies the salaries being paid to them; and (4) whether Mr. Nguyen or Ms. Phan have engaged in fraud, material dishonesty, gross mismanagement or self-dealing with respect to Heartwise.

HEATWISE TO LODGE ORDER AFTER IT HAS BEEN APPROVED AS TO FORM BY UST VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

#8.00

CONT'D Hearing RE: Amended Motion of Robinson Pharma, Inc. for an Order Granting: (i) Allowance and Payment of Administrative Expense Claims Pursuant to 11 U.S.C. 503(b)(9) and (ii) Setoff Against Deposit

(Motion filed 2-15-21)

FR: 3-8-21

Docket 76

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the motion without prejudice as not ripe for determination at this time in view of the Court's appointment of an examiner. No renewed motion may be filed until after the examiner renders his or her report.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

2:00 PM

8:20-11329

Ilyas M. Chaudhary

Chapter 11

#1.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 11 Petition filed on 5/6/20)

FR: 7-8-20; 11-18-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements and whether the Debtor expects to file a plan and disclosure statement by the March 31, 2021 deadline.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Ilyas M. Chaudhary Represented By

2:00 PM

CONT...

Ilyas M. Chaudhary

Kevin Tang

Chapter 11

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

#1.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-9-20; 2-25-21

Docket 104

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13073

Anthony Toan Cao

Chapter 13

#2.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 1-28-21

Docket 25

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Anthony Toan Cao Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13257

Sergio Gudino

Chapter 13

#3.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 1-28-21

Docket 12

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Sergio Gudino Represented By Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13502

Steven J. Williams

Chapter 13

#4.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 13

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Steven J. Williams Represented By

James D. Hornbuckle

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10031

Thomas Christopher Ash and Stacey Ann Ash

Chapter 13

#5.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 19

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Thomas Christopher Ash Represented By Bert Briones

Joint Debtor(s):

Stacey Ann Ash Represented By Bert Briones

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10030

Christy Celeste Camp Quade and Trever Alan Quade

Chapter 13

#6.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 13

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED ON JANUARY 26, 2021 (DOCKET NO. 16).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christy Celeste Camp Quade Represented By Tate C Casey

Joint Debtor(s):

Trever Alan Quade Represented By Tate C Casey

Movant(s):

Christy Celeste Camp Quade Represented By Tate C Casey Tate C Casey Tate C Casey Tate C Casey Tate C Casey

Trever Alan Quade Represented By Tate C Casey

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10119

Martha Elena Zamarripa

Chapter 13

#7.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 15

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FROM DEBTOR'S VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ENTERED 2-16-21 (DOCKET NO. 23).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Martha Elena Zamarripa Represented By Brian J Soo-Hoo

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:15-13420

Rene Guillen and Rocio Perez Guillen

Chapter 13

#1.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)(6)) (Motion filed 2/3/21)

(Set per opposition filed 2-17-21)

Docket 122

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 3-24-21 (DOCKET NO. 125).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rene Guillen Represented By

Nicholas M Wajda

Joint Debtor(s):

Rocio Perez Guillen Represented By Nicholas M Wajda

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-11811

Karen Marie Duran

Chapter 13

#2.00

Hearing RE: Debtor's Objection to Proof of Claim: (Motion filed 2-24-21)

Claim No. 5 U.S. Bank, N.A. $9,746.96

Docket 39

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion upon the terms and conditions specified by the Chapter 13 Trustee. Claim No. 5-1 is reclassified as an unsecured claim.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Karen Marie Duran Represented By

Paul M Allen - SUSPENDED - Sunita N Sood

10:15 AM

CONT...

Trustee(s):

Karen Marie Duran

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-13046

Eduardo Ruiz, Jr. and Lorena Ruiz

Chapter 13

#3.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)(6)) (Motion filed 1/12/2021)

(Set per notice and opposition filed 1-13-21)

Docket 94

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Eduardo Ruiz Jr. Represented By Michael Jones Sara Tidd

Joint Debtor(s):

Lorena Ruiz Represented By

10:15 AM

CONT...

Trustee(s):

Eduardo Ruiz, Jr. and Lorena Ruiz

Michael Jones Sara Tidd

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-13030

Jason Michael Fatta

Chapter 13

#4.00

Hearing RE: Amended Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend Plan Payments

(Motion filed 1-18-21)

(Set per notice of hearing filed 1-27-21)

Docket 93

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the motion for the reasons argued by the Chapter 13 Trustee. CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jason Michael Fatta Represented By Christine A Kingston

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-13030

Jason Michael Fatta

Chapter 13

#5.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 8/6/2020)

(Case reassigned from CB on 7-31-20)

(Set per notice of hearing and opposition filed 8-28-20)

FR: 12-9-20; 1-28-21

Docket 77

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jason Michael Fatta Represented By Christine A Kingston

10:15 AM

CONT...

Trustee(s):

Jason Michael Fatta

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-13971

Larry Lee Morton

Chapter 13

#6.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)(6)) (Motion filed 2/3/21)

(Set per notice and opposition filed 2-17-21)

Docket 100

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 3-23-21 (DOCKET NO. 104).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Larry Lee Morton Represented By

Linda Susan McAleer

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-10693

Maria A Basave de Guillen

Chapter 13

#7.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)(6)) (Motion filed 1/6/2021)

(Set per notice and opposition filed 1-25-21)

Docket 139

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the motion for the reasons argued by the Chapter 13 Trustee. CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Maria A Basave de Guillen Represented By Christopher J Langley Michael Smith

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

CONT...

Maria A Basave de Guillen

Chapter 13

10:15 AM

8:18-10693

Maria A Basave de Guillen

Chapter 13

#8.00

Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend Plan Payments

(Motion filed 1-5-21)

(Set per notice of hearing filed 1-26-21)

Docket 137

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Maria A Basave de Guillen Represented By Christopher J Langley Michael Smith

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

CONT...

Maria A Basave de Guillen

Chapter 13

10:15 AM

8:18-11446

Peggy McWilliams Lawson and George Morris Lawson

Chapter 13

#9.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 1-6-2021)

(Set per opposition filed 1-7-21)

FR: 2-25-21

Docket 67

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 3-24-21 (DOCKET NO. 74).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Peggy McWilliams Lawson Represented By Douglas L Weeks

Joint Debtor(s):

George Morris Lawson Represented By Douglas L Weeks

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-13073

Eugene Howard Long

Chapter 13

#10.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 9/2/2020)

(Set per opposition filed 10-29-20)

FR: 12-9-20; 2-25-21

Docket 38

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSSAL OF MOTION FILED 3-24-21 (DOCKET NO. 56).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eugene Howard Long Represented By Erika Luna

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-11588

Veronica Kilada

Chapter 13

#11.00

CONT'D Hearing RE: Motion for Order Authorizing Allowance of Chapter 7 Administrative Fees and Expenses by Karen Sue Naylor

(Motion filed 11-23-20)

[Fees: $10,00000, Expenses: $6.80]

FR: 1-28-21

Docket 73

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO APRIL 29, 2021 AT 10:15 AM ENTERED ON 3-22-21 (DOCKET NO. 109).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-11588

Veronica Kilada

Chapter 13

#12.00

CONT'D Hearing RE: First and Final Application for Fees and Reimbursement of Expenses from the period of August 26, 2020 through October 19, 2020

(Motion filed 11-24-20)

[RE: The Law Office of Thomas H. Casey - Attorney for Former Ch. 7 Trustee]

[Fees: $23,430.50; Expenses $655.68]

FR: 1-28-21

Docket 75

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO APRIL 29, 2021 AT 10:15 AM ENTERED ON 3-22-21 (DOCKET NO. 109).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-11746

Cristobal Acosta

Chapter 13

#13.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c) (Motion filed 2/3/21)

(Set per notice and opposition filed 3-1-21)

Docket 33

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant Debtor's motion to midify the plan upon the terms and conditions proposed by the Chapter 13 Trustee. If the motion to modify is granted on these terms, the Court will deny the motion to dismiss as moot (or permit the Chapter 13 Trustee to withdraw such motion).

Party Information

Debtor(s):

Cristobal Acosta Represented By Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

CONT...

Cristobal Acosta

Chapter 13

10:15 AM

8:20-12248

Kenneth E. Hickson

Chapter 13

#14.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c) (Motion filed 2/3/21)

(Set per opposition filed 2-26-21)

Docket 31

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 3-17-21 (DOCKET NO.43).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kenneth E. Hickson Represented By Joseph C Rosenblit

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-12099

Thomas W. Aguilar and Diane E. Aguilar

Chapter 13

#15.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)(6)) (Motion filed 2/3/21)

(Set per opposition filed 2-24-21)

Docket 33

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 2-24-21 (DOCKET NO. 37).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas W. Aguilar Represented By Joseph A Weber Fritz J Firman

Joint Debtor(s):

Diane E. Aguilar Represented By Joseph A Weber Fritz J Firman

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-12038

John J Bruno

Chapter 13

#16.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding {11

U.S.C. - 1307(c)(6)} (Motion filed 2/17/21)

(Set per notice and opposition filed 3-3-21)

Docket 54

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 3-15-21 (DOCKET NO. 58).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John J Bruno Represented By

Daniel King

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:15-14878

Mauricio Jose Perez and Michelle Marie Perez

Chapter 13

#17.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 2/25/21)

(Set per opposition filed 3-8-21)

Docket 58

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 3-15-21 (DOCKET NO. 61).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mauricio Jose Perez Represented By Chris A Mullen

Joint Debtor(s):

Michelle Marie Perez Represented By Chris A Mullen

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#1.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 6/20/19)

FR: 8-21-19; 11-25-19; 3-18-20; 4-22-20; 7-8-20; 11-4-20

[Tele. appr., Janis Abrams, repr., Reliable Cash, Creditor] [Tele. appr., Reem J. Bello, repr., Creditor Committee] [Tele. appr., Thomas H. Casey, repr., Trustee]

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee]

[Tele. appr., Todd C. Ringstad, repr., Thomas H. Casey, Trustee]

Docket 59

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

requirements.

To reduce the uncertainty inherent in a plan that is filed at a time when disputed claims are pending that are large in dollar amount, the Court would encourage the Trustee to consider attempting to resolve disputed claims prior to filing a plan, assuming the time interval in question is on the order of six months.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 12-4-20)

FR: 4-7-21

[Tele. appr., Anthony R. Bisconti, repr., Robinson Pharma, Creditor] [Tele. appr., Ronald A. Clifford, repr., Debtor]

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee] [Tele. appr., Osman Kahn, repr., Osman Kahn?]

[Tele. appr., Eve H. Karasik, repr., Vitamins Online Inc., Creditor]

[Tele. appr., Aaron J. Mao, repr., Maglevy Cataxinos and Greenwood, Interested Party]

[Tele. appr., Mark M. Maloney, repr., Robinson Pharma, Creditor] [Tele. appr., Jeffrey Shields, repr., Interested Party - LISTEN ONLY] [Tele. appr., K. Luan Tran, repr., Robinson Pharma, Creditor]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Debtor's status report was quite helpful.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: May 12, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

9:00 AM

8:18-12541

Scott Lawrence Chappell

Chapter 7

Adv#: 8:18-01174 Chappell et al v. Chappell et al

#3.00

CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint To:

Determine Non-Dischargeability Of Debt Pursuant To Section 523(a)(2), and (a)(6);
Objection To Discharge Pursuant to 11 U.S.C. Section 727(a)(2) and (a)(4) (Complaint filed 9/12/18)

FR: 12-12-18; 5-8-19; 9-18-19; 3-11-20; 7-8-20; 11-18-20

[Tele. appr., Stephen E. Olear, repr., Debtor] [Tele. appr., Stephen Madoni, repr., Plaintiff]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will continue the status conference to October 27, 2021 at 9:00 a.m. The Courthouse is currently closed for Bankruptcy Court trials, and it is unclear when reopening will occur.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

Scott Lawrence Chappell

Party Information

Chapter 7

Scott Lawrence Chappell Represented By Stephen E Olear

Defendant(s):

Scott Lawrence Chappell Represented By Stephen E Olear

Alicia Woolsey Represented By Stephen E Olear

Joint Debtor(s):

Alicia Woolsey Represented By Stephen E Olear

Plaintiff(s):

William Chappell Represented By Stephen A Madoni

Russell Chappell Represented By Stephen A Madoni

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

9:00 AM

8:17-14478

Dennis Edward Lake

Chapter 7

Adv#: 8:18-01035 Federal Trade Commission v. Lake

#4.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: Amended Complaint For Nondischargeability Of Debt

(Complaint filed 2/9/18) (Amended Complaint filed 3/30/18) (Another Summons issued 3/30/18)

(PTC set at S/C held 2/19/20)

FR: 5-23-18; 6-27-18; 10-24-18; 4-10-19; 10-16-19; 2-19-20; 10-21-20

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the pretrial conference as a status conference only (no compliance with LBR 7016-1 is required at this time) to August 4, 2021 at 9:00 a.m. An updated status report is due July 21, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Dennis Edward Lake

Chapter 7

Dennis Edward Lake Represented By

D Justin Harelik

Defendant(s):

Dennis Edward Lake Pro Se

Plaintiff(s):

Federal Trade Commission Represented By Michael P Mora

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:18-11759

Chester Davenport

Chapter 7

Adv#: 8:18-01155 Naylor v. Sun et al

#5.00

Hearing RE: Examination of Judgment Debtor Binance Sun (Application filed 11-13-20)

(Set per order entered 11-25-20)

Docket 235

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this judgment debtor examination to June 14, 2021 at 2:00 p.m., the Court hoping to be open by that date. Bianca Sun is ordered to personally appear at 411 West Fourth Street, Courtroom 6C, Santa Ana, CA 92701 at that date and at that time.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

9:00 AM

CONT...

Chester Davenport

Chapter 7

Defendant(s):

Bianca Sun Represented By

Donald W Sieveke

Yan Yu Sun Represented By

Donald W Sieveke

Movant(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

9:00 AM

8:18-11759

Chester Davenport

Chapter 7

#6.00

Hearing RE: Examination of Judgment Debtor Binance Sun (Application filed 11-12-20)

(Set per order entered 11-25-20)

Docket 355

*** VACATED *** REASON: OFF CALENDAR - MATTER TO BE HEARD IN ADVERSARY CASE (8:18-01155-MW) AS CALENDAR NO. 5.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

Movant(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

#7.00

(Motion filed 2-15-21)

FR: 3-8-21; 3-24-21

[Tele. appr., Anthony R. Bisconti, repr., Robinson Pharma, Creditor] [Tele. appr., Ronald A. Clifford, repr., Debtor]

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee] [Tele. appr., Osman Kahn, repr., Osman Kahn?]

[Tele. appr., Eve H. Karasik, repr., Vitamins Online Inc., Creditor]

[Tele. appr., Aaron J. Mao, repr., Maglevy Cataxinos and Greenwood, Interested Party]

[Tele. appr., Mark M. Maloney, repr., Robinson Pharma, Creditor] [Tele. appr., Jeffrey Shields, repr., Interested Party - LISTEN ONLY] [Tele. appr., K. Luan Tran, repr., Robinson Pharma, Creditor]

Docket 76

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall.

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of the potential settlement agreement.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

#8.00

CONT'D Hearing RE: Motion to Appoint a Chapter 11 Trustee (Motion filed 2-11-21)

FR: 3-8-21; 3-24-21

[Tele. appr., Anthony R. Bisconti, repr., Robinson Pharma, Creditor] [Tele. appr., Ronald A. Clifford, repr., Debtor]

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee] [Tele. appr., Osman Kahn, repr., Osman Kahn?]

[Tele. appr., Eve H. Karasik, repr., Vitamins Online Inc., Creditor]

[Tele. appr., Aaron J. Mao, repr., Maglevy Cataxinos and Greenwood, Interested Party]

[Tele. appr., Mark M. Maloney, repr., Robinson Pharma, Creditor] [Tele. appr., Jeffrey Shields, repr., Interested Party - LISTEN ONLY] [Tele. appr., K. Luan Tran, repr., Robinson Pharma, Creditor]

Docket 67

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of the potential settlement agreement.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

10:00 AM

8:20-12593

Jorge Fabie Canda

Chapter 7

#1.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Mechanics Bank

(Reaffirmation filed 3-9-21)

[RE 2018 Honda HR-V - Amount $22,921.04] [VIN: 3CZRU5H74JM703345]

[Tele. appr., Jorge Fabie Canda, repr., Pro Se Debtor]

Docket 10

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Jorge Fabie Canda Represented By

10:00 AM

CONT...

Trustee(s):

Jorge Fabie Canda

Andy C Warshaw

Chapter 7

Karen S Naylor (TR) Pro Se

2:00 PM

8:19-13904

Kathy D Gorski and Michael A Gorski

Chapter 11

#1.00

Hearing RE: Motion to Approve Disclosure Statement Describing the Chapter 11 Plan of Reorganization

(Motion filed 2-16-21)

(Plan filed 2-15-21)

(D.S. filed 2-15-21)

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee] [Tele. appr., Andy C. Warshaw, repr., Debtor]

Docket 194

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

No tentative ruling.

Party Information

Debtor(s):

Kathy D Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

2:00 PM

CONT...

Kathy D Gorski and Michael A Gorski

Chapter 11

Joint Debtor(s):

Michael A Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

9:00 AM

8:18-11549

Joann Marie Brown

Chapter 13

#1.00

Amended Motion for relief from stay [Real Property]

U.S. Bank Trust, N.A. as Trustee for LSF10 Master Participation Trust vs DEBTOR

(Motion filed 3-2-21)

[RE: 400 N King Pl, Fullerton, CA 92633]

Docket 130

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING ADEQUATE PROTECTION AGREEMENT ENTERED ON 4-8-21 (DOCKET NO. 138).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joann Marie Brown Represented By Andrew Moher

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:18-13011

Gregorio Reyes

Chapter 13

#2.00

Motion for relief from stay [Personal Property]

Citizens Bank, N.A. vs DEBTOR (Motion filed 3-10-21)

[RE: 2017 Nissan Sentra - VIN No.: 3N1AB7AP0HY213084]

Docket 57

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING ADEQUATE PROTECTION AGREEMENT ENTERED ON 4-8-21 (DOCKET NO. 63).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gregorio Reyes Represented By Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:18-14067

Rosalinda Salazar

Chapter 13

#3.00

Motion for relief from stay [Real Property]

U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust vs Debtor

(Motion filed 3-4-21)

[RE: 3115 Samoa Pl, Costa Mesa, CA 92626]

[Tele. appr., Diane V. Weifenbach, repr., U.S. Bank, N.A., Creditor]

Docket 87

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire of Movant's attorney whether the Debtor is currently in a forbearance arrangement.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

9:00 AM

CONT...

Debtor(s):

Rosalinda Salazar

Chapter 13

Rosalinda Salazar Represented By Christopher J Langley Michael Smith

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#4.00

Motion for relief from stay [Action In Non-Bankruptcy Forum]

Reliable Fast Cash, LLC vs DEBTOR (Motion filed 3-17-21)

[RE: Case Name: Reliable Fast Cash, LLC v. South Coast Behavioral Health, dba Sourth Coast Behavioral Health, et al.]

[Docket Number: 51803/2019]

[Pending In: Supreme Court of the State of New York, County of Kings] [Tele. appr., Janis Abrams, repr., Realiable Fast Cash, LLC, Creditor]

Docket 823

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

§ 501 and/or a complaint to determine the nondischargeability of the debt.

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

9:00 AM

8:19-14527

Anthony Afshin Kashani

Chapter 7

#5.00

Motion for relief from stay [Personal Property]

Wells Fargo Bank, N.A. d/b/a Wells Fargo Auto vs DEBTOR (Motion filed 3-19-21)

[RE: 2014 Honda Accord - VIN No.: 1HGCR2F56EA128800]

Docket 71

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether Movant's claim of $9,528.72 includes or does not include the alleged $3,886.50 in arrears.

Party Information

Debtor(s):

Anthony Afshin Kashani Represented By Mirsaied Kashani

Trustee(s):

Jeffrey I Golden (TR) Represented By

9:00 AM

CONT...

Anthony Afshin Kashani

Roye Zur

Chapter 7

9:00 AM

8:19-14723

James Alvin Grove

Chapter 7

#6.00

CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]

Grant Nigolian, Sarine Nigolian, Azad Sabounjian, And Susan Sabounjian vs. DEBTOR

(Motion filed 4/22/2020)

[RE: In re James Alvin Grove (U.S. Bankruptcy Court, Central District Of California. - Southern Division]

[Case Number: 8:19-bk-14723-MW - “JG Bk”)

And

[RE: In re James A. Grove Inc. ((U.S. Bankruptcy Court, Central District Of California. - Southern Division]

[Case Number: 8:20-bk-10046 - “Inc. Bk.”)

FR: 5-18-20, 11-30-20

[Tele. appr., Grant A. Nigolian, repr., Pro Per, Movant] [Tele. appr., Michael G. Spector, repr., Debtor]

Docket 81

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

9:00 AM

CONT...

James Alvin Grove

Chapter 7

APPEARANCES NOT REQUIRED.

The Courthouse remains closed. The Court will continue this matter (which requires an evidentiary hearing) to August 2, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

James Alvin Grove Represented By Michael N Nicastro Michael G Spector

Movant(s):

Grant Nigolian Represented By Grant A Nigolian

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

#7.00

CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]

Fady Kilada vs DEBTOR (Motion filed 10-29-20)

[RE: Case Name: Kilada v Kilada] [Docket Number: 19STFL00877]

[Pending In: Los Angeles Superior Court - Stanley Mosk]

FR: 11-30-20; 1-25-21; 2-22-21

Docket 55

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO MAY 10, 2021 AT 9:00 AM ENTERED ON 4-9-21 (DOCKET NO. 122).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13453

Nathan Smith

Chapter 13

#8.00

Amended Motion for relief from stay [Real Property]

Towd Point Mortgage Trust Asset-Backed Securities, Series 2019-SJ2, U.S.

Bank National Association, as Indenture Trustee vs DEBTOR (Motion filed 3-17-21)

(Amended Motion filed 4-8-21)

[RE: 1188 Scenic Way, Rimforest, CA 92378]

Docket 29

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Nathan Smith

Chapter 13

Terminate the co-debtor stay. Also, grant the following relief:

Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.

Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Nathan Smith Represented By Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10016

Thomas Raymond Lavoie

Chapter 7

#9.00

Motion for relief from stay [Personal Property]

BMW Bank of North America vs DEBTOR (Motion filed 3-1-21)

[RE: 2018 BMW 3 Series 330i Sedan 4D - VIN No.: WBA8B9C57JK677042]

Docket 11

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Thomas Raymond Lavoie

Party Information

Chapter 7

Thomas Raymond Lavoie Represented By Richard G Heston

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:21-10060

Amir Saati

Chapter 7

#10.00

Motion for relief from stay [Personal Property]

Financial Services Vehicle Trust vs DEBTOR (Motion filed 3-12-21)

[RE: 2016 Rolls-Royce Wraith 2 Door Coupe - VIN No.: SCA665C56GUX86068]

Docket 18

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Amir Saati

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Amir Saati Represented By

Michael S Kogan

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:21-10099

Jose Luis Aguayo

Chapter 7

#11.00

Motion for relief from stay [Personal Property]

U.S. Bank National Association vs DEBTOR (Motion filed 3-8-21)

[RE: 2015 Freightliner Cascadia - VIN No.: 3AKJGLD52FSGJ1579] [Tele. appr., Robert P. Zahradka, repr., U.S. Bank, N.A., Creditor]

Docket 10

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Jose Luis Aguayo

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jose Luis Aguayo Represented By Kevin J Kunde

Trustee(s):

Richard A Marshack (TR) Pro Se

2:00 PM

8:18-11759

Chester Davenport

Chapter 7

#1.00

Chapter 7 Trustee's Motion for Order:

Authorizing the Trustee to Sell Real Property Free and Clear of Liens Pursuant to 11 U.S.C. Section 363(b)
Approving Overbid Procedures
Approving Compensation of Real Estate Broker
Authorizing Distribution of Sale Proceeds
Waiving 14 Day Stay Imposed by Federal Rules of Bankruptcy Procedure 6004

(Motion filed 3-18-21)

[RE: 1731 Manor Gate Road, Hacienda Heights, CA 91745]

[Tele. appr., Thom H. Casey, repr., Karen Sue Naylor, Chapter 7 Trustee] [Tele. appr., Priscilla Chang, repr., Interested Party]

[Tele. appr., Rui Lan, repr., Interested Party]

[Tele. appr., John Pang Lay, repr., Interested Party] [Tele. appr., Jonathan Lee, repr., Interested Party]

[Tele. appr., Karen Naylor, repr., Chapter 7 Trustee - Listen Only] [Tele. appr., Jennifer Toyama, repr., Interested Party]

[Tele. appr., Clarence Yoshikane, repr., Interested Party]

Docket 378

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly

2:00 PM

CONT...

Chester Davenport

Chapter 7

prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether there are any overbidders.

The Court will inquire whether the subject property is now vacant. The Court intends to grant the Motion.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

2:00 PM

8:18-12541

Scott Lawrence Chappell and Alicia Woolsey

Chapter 7

#2.00

Hearing RE: Chapter 7 Trustee's Motion for Order:

Authorizing the Trustee to Sell Vacant Land in Washoe County, Nevada (APN 076-210-13) Free and Clear of Liens Pursuant to 11 U.S.C. Section 363(b)
Approving Overbid Procedures
Approving Compensation of Real Estate Broker
Authorizing Distribution of Sale Proceeds
Approving Stipulation Between the Chapter 7 Trustee, Debtors and Judgment Creditors Authorizing the Chapter 7 Trustee to Hold Sale Proceeds Subject to Disputed Claimed Exemption Pending Further Order of the Court
Waiving 14 Day Stay Imposed by Federal Rules of Bankruptcy Procedure 6004(h)

(Motion filed 3-19-21)

[Tele. appr., Thomas H. Casey, repr., Chapter 7 Trustee] [Tele. appr., Jeanne Herman, repr., Interested Party]

Docket 143

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether there are any overbidders.

2:00 PM

CONT...

Scott Lawrence Chappell and Alicia Woolsey

Chapter 7

The Court intends to grant the Motion.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Scott Lawrence Chappell Represented By Stephen E Olear

Joint Debtor(s):

Alicia Woolsey Represented By Stephen E Olear

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:20-10048

Jenna Lee Lombardo

Chapter 7

#3.00

Hearing RE: Motion to Withdraw as Counsel for the Debtor (Motion filed 3-5-21)

[Tele. appr., Angela Mestre, repr., Debtor]

Docket 35

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jenna Lee Lombardo Represented By Angela Mestre

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

2:00 PM

8:20-11329

Ilyas M. Chaudhary

Chapter 11

#4.00

Hearing RE: Motion for Order Approving:

Sale of Personal Property of the Estate Free and Clear of Liens Purusant to Bankruptcy Code 363(b)(1) and 363(f), Subject to Overbids
Bidding Procedures and Form of Notice Thereof
Waiver of the 14 Day Stay of FRBP 6004(h) (Motion filed 3-20-21)

[Tele. appr., Kevin Tang, repr., Debtor]

Docket 56

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the income tax consequences of the sale of the subject personal property to Mr. Anjum (the "Buyer") for $300,000.00 (additionally, the Court is unlikely to permit the sale to be free and clear of the FTB lien because the FTB lien is not being paid).

Party Information

Debtor(s):

Ilyas M. Chaudhary Represented By

2:00 PM

CONT...

Ilyas M. Chaudhary

Kevin Tang

Chapter 11

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 11

#5.00

Hearing RE: Application of Debtor and Debtor-in-Possession for Authority to Employ Hilco Real Estate, LLC as Real Estate Agent

(Motion filed 2-15-21)

(Opposition filed 2-26-21) (Set per notice filed 3-2-21)

Docket 57

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO EMPLOY HILCO REAL ESTATE, LLC ENTERED ON 3-24- 21 (DOCKKET NO. 95).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#6.00

Hearing RE: Chapter 7 Trustee's Objection to Debtors' Homestead Exemption Claim

(Objection filed 3-4-21)

[Tele. appr., Thomas H. Casey, repr., Chapter 7 Trustee] [Tele. appr., Kerry Moynihan, repr., Interested Party]

Docket 47

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Under Wyoming law, a limited liability company ("LLC") is an entity separate and apart from individuals who hold membership interests in the LLC. Hager Industries, Inc. v. Aylesworth (In re Aylesworth), No. 19-20729, 2021 WL 261382 (Bankr. Wy., Jan. 22, 2021) at *3. Assets of an LLC belong to the LLC, not to the debtor. If the debtor (but not the LLC in which the debtor holds a membership interest) is in a bankruptcy proceeding, the automatic stay does not apply to assets of the LLC. Id.

Under California law, which is applicable here, Californians may claim a homestead

2:00 PM

CONT...

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

exemption without holding fee simple title to the subject real property. Schaefers v. Blizzard Energy, Inc. (In re Schaefers), 623 B.R. 777, 782 (B.A.P. 9th Cir., 2020).

However, a Californian must have some legal or equitable interest in the subject real property. Id.

California law places the burden of proof with respect to the application of a homestead exemption upon the party claiming the exemption, not upon a party objecting to the exemption, in situations where the homestead in question is not a declared homestead. Cal. Code Civ. P. § 704.780(a).

Under the facts shown here, Debtor Ardeshir Farokhirad ("Debtor") is the sole member of Bolzano, LLC, a Wyoming limited liability company ("Bolzano"). Bolzano holds title to real property located at 38 Cielo Azul, Aliso Viejo, CA 92656 (the "Azul Property"). Debtor and Debtor’s spouse reside at the Azul Property.

Bolzano’s operating agreement provides in Section 1.10 thereof that individual signatories to the agreement "hereby reserve(s) the right to have complete and unlimited possession, use and control of any real property which may ever constitute an asset of [Bolzano] . . . thereby retaining the requisite beneficial and possessory rights in and to such real property to comply with the "Homestead" laws of the State in which such property is located, so that such requisite beneficial interest and possessory rights constitute in all respects "equitable title to real estate" of (Debtor]. This [sic], [Debtor’s] interest in such real property shall be an interest in real property, and not personalty, and such real property shall be deemed to be the [Debtor’s] homestead; such use and control shall be without rent or accountability to [Bolzano] . . . In this regard, such real property shll be deemed held and owned in the name of the [Debtor] even though "record" ownership or title, in some instances, may, presently or in the future, be registered in [Bolzano’s] name, in which event such record ownership shall hereafter be deemed held by the [Debtor] even though such ownership remains undisclosed."

2:00 PM

CONT...

Ardeshir Farokhirad and Fariba Farokhirad

ANALYSIS

Chapter 7

At common law and under the statutory law of most (possibly all) states, ownership and title to real property is transferred by deed. Unrecorded deeds may be effective as between the grantor and the grantee, assuming delivery and acceptance of the deed, but such conveyances in the absence of recordation are often ineffective against other parties.

Section 1.10 of the Bolzano operating agreement, quoted at some length above, purports to transfer ownership of real property from Bolzano to Debtor without the benefit of a deed. Whether such a transfer is effective (whether it works, in other words) is an issue arising under Wyoming law. Here, Debtor has failed to make a sufficient showing that the operating agreement provision quoted above, Section 1.10, actually would be effective in transferring ownership of the Azul Property to Debtor. Other unresolved issues are whether ownership of real property or title to real property can be transferred under Wyoming law in the absence of a deed and whether an unrecorded deed would be effective as against a Chapter 7 trustee.

Debtor, having the burden of proof on these issues, has failed to make a sufficient showing that Wyoming law permits the transfer of an interest in real property in the absence of a deed that is duly made, executed and delivered by the grantor to the grantee and accepted by the grantee.

If Wyoming law does not permit real property transfers of the type described in Bolzano operating agreement section 1.10, then entirety of the Azul Property remains in Bolzano, and it is clear that Debtor, lacking any legal or equitable interest therein, cannot claim an exemption under California law.

For these reasons, the Court determines that Debtor has failed to meet his burden to prove by a preponderance of the evidence that a California homestead exemption is available with respect to the Azul Property. The Court therefore sustains the Chapter 7 Trustee’s objection to the homestead exemption claim made

2:00 PM

CONT...

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

by Debtor with respect to the Azul Property.

The Court grants the Chapter 7 Trustee’s Request for Judicial Notice. The Court grants Debtor’s Request for Judicial Notice.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:18-11997

QDOS, Inc

Chapter 11

#7.00

Hearing RE: Motion re Joinder (Rich Jerskey) (Motion filed 3-1-21)

[Tele. appr., Patrick Costello, repr., Rich Jerskey, Creditor]

Docket 163

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion. Mr. Jerskey has claimed only "permissible interest," not the 12% stated interest. Therefore, the subject promissory note is not usurious.

The Court confirms that Mr. Jerskey and MDL qualify as petitioning creditors. Leave is granted to Petitioning Creditors to move to extend deadlines for discovery cutoff and pre-trial motions.

PETITIONING CREDITORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

QDOS, Inc

Chapter 11

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

2:00 PM

8:18-11997

QDOS, Inc

Chapter 11

#8.00

Hearing RE: Motion re Joinder (Miami Dolphins, Ltd.) (Motion filed 3-4-21)

[Tele. appr., Patrick Costello, repr., Miami Dolphons, Ltd., Creditor]

Docket 168

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court intends to grant the Motion.

PETITIONING CREDITORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#1.00

STATUS CONFERENCE re: Complaint by Gary Steven Hann against J Cedric Simpson , Richard E Conlin , Kirk W Tabbey , James A Fink , Fink & Fink PLLC . ($350.00 Fee Not Required). Nature of Suit: (11 (Recovery of

money/property - 542 turnover of property)) ,(21 (Validity, priority or extent of lien or other interest in property)) ,(72 (Injunctive relief - other)) ,(91 (Declaratory judgment))

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

9:00 AM

CONT...

Gary S. Hann

Chapter 7

J Cedric Simpson Pro Se

Richard E Conlin Pro Se

Kirk W Tabbey Pro Se

James A Fink Pro Se

Fink & Fink PLLC Pro Se

Plaintiff(s):

Gary Steven Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#2.00

Hrg. on Plaintiff's Motion for Default Judgment against J. Cedric Simpson; Richard E. Conlin; Kirk W. Tabbey, James A. Fink, Fink and Fink, PLLC

Docket 4

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Pro Se

Richard E Conlin Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Kirk W Tabbey Pro Se

James A Fink Pro Se

Fink & Fink PLLC Pro Se

Movant(s):

Gary Steven Hann Pro Se

Plaintiff(s):

Gary Steven Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#3.00

Hrg. on Defendant's Motion filed 3/4/21 to Dismiss Adversary Proceeding

Docket 4

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi

Karl V Fink Pro Se

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Washtenaw County Civil Division Pro Se

Movant(s):

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:19-01108 Fleming Sr v. Fleming Jr et al

#4.00

STATUS CONFERENCE re Complaint by Terry Lee Fleming Sr against Terry Lee Fleming Jr, Havasu Lakeshore Investments, Jean Victor Peloquin, Victor Construction, Inc., Teeple Hall LLP, Hart King, Donald Hamman, Donna Bader, Higgs Fletcher & Mack LLP; Complaint (1) to Determine Validity, Priority and Extent of Liens; (2) for Declaratory Relief; and (3) for Interpleader (Attachments: # 1 Exhibit 1 - Notice of Levy) Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)

*(Cont. as a Status Conference Only)

From: 7/23/20,12/10/20

Docket 1

*** VACATED *** REASON: CONTINUED TO 7/20/21 @ 9:00 A.M. BY ORDER ENTERED 3/30/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Defendant(s):

Terry Lee Fleming Jr Represented By Andrew Still Michael B Reynolds

Havasu Lakeshore Investments Pro Se

Jean Victor Peloquin Pro Se

9:00 AM

CONT...

Terry Lee Fleming, Sr

Chapter 11

Victor Construction, Inc. Pro Se

Teeple Hall LLP Represented By Frederick M Reich

Hart King Pro Se

Donald Hamman Pro Se

Donna Bader Pro Se

Higgs Fletcher & Mack LLP Represented By Martin A Eliopulos

J Victor Construction, Inc. Pro Se

Plaintiff(s):

Terry Lee Fleming Sr Represented By James E Till

9:00 AM

6:19-16416

Carmencita Pacia

Chapter 7

Adv#: 6:20-01008 Anderson v. Pacia

#5.00

From: 7/9/20, 10/22/20,1/26/21

Docket 1

*** VACATED *** REASON: ORDER APPROVING STIPULATION TO DISMISS COMPLAINT ENTERED ON 3/4/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carmencita Pacia Represented By Natalie A Alvarado Bruce Jackman

Defendant(s):

Maria Victoria Pacia Represented By

W. Derek May

Joint Debtor(s):

Rolando Pacia Represented By Natalie A Alvarado

Plaintiff(s):

Karl T Anderson Represented By Robert P Goe Ryan S Riddles

9:00 AM

CONT...

Trustee(s):

Carmencita Pacia

Chapter 7

Karl T Anderson (TR) Represented By Robert P Goe

9:00 AM

6:20-11555

Laurie Lynn Bilderback

Chapter 7

Adv#: 6:20-01100 Williams v. Bilderback et al

#6.00

CONT STATUS CONFERENCE Hearing re: Pre-Petition Lawsuit pending in Los Angeles Superior Court

(Notice of Removal filed 5/26/20)

RE: Los Angeles Superior Court - North District. Case no: LASC 20AVCV0057 From: 7/23/20,1/21/21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the Status Conference to August 10, 2021, at 9:00 a.m. with an updated status report due July 27, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Laurie Lynn Bilderback

Chapter 7

Laurie Lynn Bilderback Represented By Thomas M Bundy

Defendant(s):

Laurie Lynn Bilderback Represented By Thomas M Bundy

Todd A Frealy Represented By

Richard P Steelman Jr

Plaintiff(s):

Perry Williams Pro Se

Trustee(s):

Todd A. Frealy (TR) Represented By

Richard P Steelman Jr

9:00 AM

6:20-11555

Laurie Lynn Bilderback

Chapter 7

Adv#: 6:20-01101 Frealy et al v. Williams et al

#7.00

CONT STATUS CONFERENCE Hearing re: Pre-Petition Lawsuit pending in Los Angeles Superior Court

(Notice of Removal filed 5/26/20)

RE: Los Angeles Superior Court - North District. Case no: LASC 19AVCV00850 From: 7/23/20,1/21/21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the Status Conference to August 10, 2021, at 9:00 a.m. with an updated status report due July 27, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Laurie Lynn Bilderback Represented By

9:00 AM

CONT...

Laurie Lynn Bilderback

Thomas M Bundy

Chapter 7

Defendant(s):

Perry Williams Pro Se

Blaine Williams Pro Se

Plaintiff(s):

Todd A Frealy Represented By

Richard P Steelman Jr

Laurie Lynn Bilderback Represented By Thomas M Bundy

Trustee(s):

Todd A. Frealy (TR) Represented By

Richard P Steelman Jr

9:00 AM

6:20-12017

Jorge Antonio Zendejas

Chapter 7

Adv#: 6:21-01007 Simons (TR) v. Zendejas et al

#8.00

STATUS CONFERENCE RE: [1] Adversary case 6:21-ap-01007. Complaint by Larry D Simons (TR) against Jorge Antonio Zendejas, Rosa Isela Zendejas. ($350.00 Fee Charge To Estate). with adversary proceeding cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether Plaintiff intends to seek entry of Defendant's default. If so, the Court will set July 31, 2021 as the deadline for hearing a motion for entry of default.

Next status conference: August 31, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Jorge Antonio Zendejas Represented By

9:00 AM

CONT...

Jorge Antonio Zendejas

Daniel King

Chapter 7

Defendant(s):

Jorge Antonio Zendejas Pro Se

Rosa Isela Zendejas Pro Se

Joint Debtor(s):

Rosa Isela Zendejas Represented By Daniel King

Plaintiff(s):

Larry D Simons (TR) Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

9:00 AM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#9.00

Scheer Law Group - movant attorney CONT. Motion for Relief from Stay

Luigi Sassone Revocable Trust dated January 9, 2006 vs. DEBTOR (Motion filed 2/5/21)

RE: 13993-13995-13997-14027 Foothill Bl, Fontana, CA 92335

From: 3/9/21

Docket 94

*** VACATED *** REASON: CONTINUED TO 2:00 P.M. CALENDAR BY ORDER ENTERED 3/30/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Absolute Care Assisted Living & Represented By

Robert S Altagen

Movant(s):

Luigi Sassone Revocable Trust dated Represented By

Reilly D Wilkinson

9:00 AM

6:20-13516

Cramer Engineering, Inc.

Chapter 7

Adv#: 6:21-01014 Speier v. Cakmak et al

#10.00

STATUS CONFERENCE re: Complaint by Steven M. Speier against Berk Cakmak, Alpha Laser, Inc.. ($350.00 Fee Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(14 (Recovery of money/property - other))

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Pursuant to the Parties' request, the Court will order this Adversary Proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order thereon on or before May 31, 2021.

The Court continues the status conference to November 2, 2021 at 9:00 a.m. An updated status report is due October 19, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Cramer Engineering, Inc.

Chapter 7

Cramer Engineering, Inc. Represented By Michael A Cisneros

Defendant(s):

Berk Cakmak Represented By Michael A Cisneros

Alpha Laser, Inc. Represented By Michael A Cisneros

Plaintiff(s):

Steven M. Speier Represented By Thomas J Polis

Trustee(s):

Steven M Speier (TR) Represented By Robert P Goe Thomas J Polis

2:00 PM

6:16-11051

Wilbert Mauricio Henriquez

Chapter 7

Adv#: 6:16-01072 VOKSHORI LAW GROUP, APLC v. Henriquez

#1.00

CONT Hrg. on Order for Appearance and Examination From: 7/6/20, 8/17/20,11/17/20

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In view of the closure of the Courthouse due to the pandemic, the Court continues this judgment debtor exam to July 20, 2021. at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Wilbert Mauricio Henriquez

Chapter 7

Wilbert Mauricio Henriquez Represented By Brad Weil

Defendant(s):

Wilbert Mauricio Henriquez Represented By Brad Weil

Plaintiff(s):

VOKSHORI LAW GROUP, APLC Represented By

Nima S Vokshori Brad Weil

Trustee(s):

Lynda T. Bui (TR) Pro Se

2:00 PM

6:17-20442

Timothy David Murphy

Chapter 7

#2.00

Chapter 7 trustee's Application filed 2/11/21 to Employ John Paul Parks as Special Counsel as of February 2, 2021

Docket 164

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Chapter 7 Trustee has made a sufficient showing that it requires the services of

J.P. Parks to evaluate estate assets. J.P. Parks has shown that he is disinterested and does not hold any interest adverse to the Estate. The Debtor's opposition to Mr. Park's employment application is overruled and the application is granted.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles

2:00 PM

CONT...

Trustee(s):

Timothy David Murphy

Chapter 7

Lynda T. Bui (TR) Represented By

Michelle A Marchisotto

2:00 PM

6:18-14202

Armando C Meras and Veronica Y Meras

Chapter 7

#3.00

Hrg. on Trustee's Final Report and Applications for Compensation

[John P. Pringle, chapter 7 trustee] [Fees; $1967.40; Expenses; $87.15]

[Roquemore, Pringle & Moore, Inc., attorney for trustee] [Fees; $6000.00; Expenses; $264.39]

[U.S. Bankruptcy Court, Clerk of the Court Costs] [Fees; $350.00]

Docket 75

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

2:00 PM

CONT...

Armando C Meras and Veronica Y Meras

Chapter 7

secured claims. 11 U.S.C. § 326(a).

The compensation is approved as to the Trustee, with fees in the amount of $1,967.40 and expenses in the amount of $87.15.

The compensation is approved as to Roquemore, Pringle & Moore Inc., with fees in the amount of $6,000.00 and expenses in the amount of $264.39.

Court costs are approved in the amount of $350.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Armando C Meras Represented By Yoon O Ham

Joint Debtor(s):

Veronica Y Meras Represented By Yoon O Ham

Trustee(s):

John P Pringle (TR) Represented By Toan B Chung

2:00 PM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#4.00

CONT Hrg. on Chapter 11 Status Conference From: 9/8/20, 10/22/20,11/17/20, 2/23/21, 3/9/21

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into (1) the Debtor's compliance with UST guidelines and requirements, and (2) Debtor's intentions regarding timing of the filing of a new plan and disclosure statement.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

Absolute Care Assisted Living & Represented By

Robert S Altagen

2:00 PM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#5.00

Hrg. on Debtor's Motion filed 2/15/21 for entry of order (1) Approving the Debtor's Disclosure Statement; (2) Approving Solicitation, Voting, Balloting and Notice Procedures; and (3) Setting Confirmation hearing and Certain Deadlines in Connection with the Debtor's Plan of Reorganization

Docket 100

*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF MOTION FILED 3/26/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Absolute Care Assisted Living & Represented By

Robert S Altagen

2:00 PM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#6.00

Hrg. Application for Compensation for interim fees for Robert S Altagen, Debtor's Attorney, period: 3/19/2020 to 2/15/2021, Fees: $22785.00, Expenses:

$0.00.

Docket 117

*** VACATED *** REASON: WITHDRAWAL OF MOTION FILED

4/8/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Absolute Care Assisted Living & Represented By

Robert S Altagen

2:00 PM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#6.10

Scheer Law Group - movant attorney CONT. Motion for Relief from Stay

Luigi Sassone Revocable Trust dated January 9, 2006 vs. DEBTOR (Motion filed 2/5/21)

RE: 13993-13995-13997-14027 Foothill Bl, Fontana, CA 92335

From: 3/9/21

Docket 94

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether postpetition loans taken out by Debtor will enable the Debtor to pay Debtor's indebtedness to Movant Luigi Sassone Revocable Trust in full.

Party Information

2:00 PM

CONT...

Debtor(s):

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

Absolute Care Assisted Living & Represented By

Robert S Altagen

Movant(s):

Luigi Sassone Revocable Trust dated Represented By

Reilly D Wilkinson

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#7.00

From: 11/3/20,12/22/20, 2/9/21

Docket 81

*** VACATED *** REASON: ORDER APPROVING STIPULATION ENTERED 4/12/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden

Movant(s):

Akbar Razavi Represented By Todd L Turoci

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#8.00

Secured creditor, Lexington National Insurance Corporation's Joint Motion filed 3/23/21 for Order Approving Stipulation Authorizing Use of Cash Collateral

Docket 272

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

MS. DJANG TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro Corrie Klekowski

Trustee(s):

Caroline Renee Djang (TR) Represented By

2:00 PM

CONT...

Power Bail Bonds, Inc.

Caroline Djang

Chapter 11

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

Adv#: 8:17-01120 Kosmala v. Hoosten et al

#1.00

CONT'D STATUS CONFERENCE RE: Complaint:

To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
For Breach Of Contract;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
For Resulting Trust;
For Constructive Trust;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (set per order entered 3-2-18)

FR: 4-25-18; 7-25-18; 11-14-18; 12-12-18; 4-17-19; 7-17-19; 10-16-19; 1-22-20;

5-20-20; 11-18-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO SEPTEMBER 8, 2021 AT 9:00 AM ENTERED ON 4-7-21 (DOCKET NO. 73).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee

9:00 AM

CONT...

John Olaf Halvorson

Chapter 7

Defendant(s):

David Hoosten Pro Se

PCC Fund 1, LLC Pro Se

Rod Van Zandt Pro Se

Plaintiff(s):

Weneta M.A. Kosmala Represented By Reem J Bello

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

9:00 AM

8:17-14396

Styles For Less, Inc., a California corporation

Chapter 7

Adv#: 8:19-01212 Kosmala v. DeAngelo, SR et al

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint:

To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b), 548(a)(1)(A), 550, And California Civil Code Sections 3439.04(a)(1), 3439.07 And 3439.09;
To Avoid Transfer And Recover Fraudulent Transfers Pursuant To 11
U.S.C. Sections 544(b), 548(a)(1)(B), 550, And California Civil Code Sections 3439.04(a)(2), 3439.07 And 3439.09;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551;
To Disallow Claim Pursuant To 11 U.S.C. Section 502(d); And
For Breach Of Fiduciary Duties Of Loyalty And Care (Complaint filed 11/6/19)

FR: 1-29-20; 3-25-20; 6-29-20; 12-2-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE TO JULY 14, 2021 AT 9:00 AM ENTERED ON 4-12-21 (DOCKET NO. 31).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Styles For Less, Inc., a California Represented By

Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver

9:00 AM

CONT...

Styles For Less, Inc., a California corporation

Chapter 7

Defendant(s):

Michael DeAngelo SR Represented By Sean A OKeefe

Michael DeAngelo JR Represented By Sean A OKeefe

August DeAngelo II Represented By Sean A OKeefe

Jason DeAngelo Represented By Sean A OKeefe

Gina Womack Represented By Sean A OKeefe

Douglas Periera Represented By Sean A OKeefe

Plaintiff(s):

Weneta M.A. Kosmala Represented By Jeffrey I Golden

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello

9:00 AM

8:18-10203

Phillip Barry Greer

Chapter 7

Adv#: 8:18-01075 Street v. Greer et al

#3.00

CONT'D STATUS CONFERENCE Hearing RE: Second Amended Complaint For:

Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Declaratory Relief RE: Determination Of Validity, Priority Or Extent Of Interest In Real Property and Personal Property

(Complaint filed 4/26/18) (First Amended Complaint filed 5/30/18) (Second Amended Complaint filed 11/27/19)

(Another Summons Issued 5/31/18) (PTC set at S/C held 1/23/19)

[10-10-18 - Arlene Greer aka Arlene Biden ONLY dismissed -docket no. [47]

FR: 7-25-18; 8-29-18; 10-24-18; 11-14-18; 1-23-19; 10-9-19; 12-4-19; 8-12-20;

11-18-20

Docket 106

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In order to allow time to permit mediation to go forward, the Court will continue the

9:00 AM

CONT...

Phillip Barry Greer

Chapter 7

status conference to September 15, 2021 at 9:00 a.m. An updated status report is due September 1, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Phillip Barry Greer Represented By Phillip Greer

Defendant(s):

Phillip Barry Greer Represented By Phillip Greer Ryan D O'Dea Timothy C Aires

Richard A. Marshack Represented By Ryan D O'Dea Phillip Greer Timothy C Aires

Plaintiff(s):

Chriss W. Street Represented By Timothy C Aires Phillip Greer Ryan D O'Dea

Trustee(s):

Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea

9:00 AM

8:18-10203

Phillip Barry Greer

Chapter 7

Adv#: 8:18-01069 Marshack et al v. Biden

#4.00

CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Second Amended Complaint For:

Avoidance And Recovery Of Fraudulent Transfer;
Constructive Trust;
Declaratory Relief;
Turnover Of Estate Property; And
Authorization To Sell Entirety Of Real Property

Regarding Real Property Located At 19 Bridgeport Road, Newport Coast,

California

(First Amended Complaint filed 12/14/18) (Second Amended Complaint filed 4/10/19)

FR: 1-23-19; 2-20-19; 5-8-19; 6-10-19; 7-17-19; 11-6-19; 4-22-20, 8-12-20;

11-18-20

Docket 27

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In order to allow time to permit mediation to go forward, the Court will continue the

9:00 AM

CONT...

Phillip Barry Greer

Chapter 7

status conference to September 15, 2021 at 9:00 a.m. An updated status report is due September 1, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Phillip Barry Greer Represented By Phillip Greer

Defendant(s):

Arlene C Biden Represented By Phillip Greer

Plaintiff(s):

Richard A Marshack Represented By Ryan D O'Dea

Chriss W. Street Represented By Timothy C Aires

Trustee(s):

Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01083 Golden v. Jafrey

#5.00

CONT'D Hearing RE: Motion to Set Aside Default Judgment of Abdullah Jafrey (Motion filed 12-17-20)

FR: 2-24-21

Docket 24

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the results of mediation or settlement negotiations.

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Abdullah Jafrey Represented By Andrew K Yun

9:00 AM

CONT...

US Direct LLC

Chapter 7

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-12322

9025 Colorado Ave., LLC

Chapter 7

Adv#: 8:20-01116 Marshack v. Unique Funding Solutions, LLC et al

#6.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint for:

Avoidance, Preservation, and Recovery of Preferential Transfers [11 U.S.C. Sections 547, 550, 551]
Usury [Cal. Const. Art. XV Section 1]
Civil Liability for Violations of the Racketeer Influenced Corrupt Organizations Act [18 U.S.C. Sections 1962, 1964]
Violations of the California Unfair Competition Law (Cal. Bus. & Prof. Code Sections 17200 et seq.)
Unconscionable Contract (Cal. Civ. Code Section 1670.5)
Money Had and Received
Avoidance, Preservation, and Recovery of Constructive Fraudulent Transfers [11 U.S.C. Sections 548, 550, 551]

(Complaint filed 8/11/20) FR: 11-4-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - DEFAULT JUDGMENT ENTERED IN FAVOR OF THE PLAINTIFF ENTERED ON 3

-29-21 (DOCKET NOS. 27 & 29).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

9025 Colorado Ave., LLC Represented By

Blake J Lindemann

Defendant(s):

Unique Funding Solutions, LLC Pro Se

Kash Kapital, LLC Pro Se

Region Capital, LLC Pro Se

9:00 AM

CONT...

9025 Colorado Ave., LLC

Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By Tinho Mang

D Edward Hays

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

9:00 AM

8:19-13374

Martha S Adair

Chapter 11

#7.00

POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1) Status Of

Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/29/19)

(Plan Confirmed at 12-16-20 Hrg.)

FR: 1-22-20; 2-26-20; 6-3-20; 10-21-20; 11-4-20; 12-16-20

Docket 40

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The status report was very helpful.

The Court will continue the status conference to September 1, 2021 at 9:00 a.m. An updated status report is due August 18, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Martha S Adair Represented By

9:00 AM

CONT...

Martha S Adair

Richard H Golubow

Chapter 11

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#1.00

Hearing RE: Confirmation of First Amended Chapter 11 Plan of Reorganization Proposed by Official Committee of Unsecured Creditors

(Plan filed 12-30-20) (Amended Plan filed 2-17-21)

Docket 363

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will overrule the objections of SMRH for the reasons argued by the Committee in its reply. The Court will confirm the plan.

The Court sets a post-effective date status conference for September 15, 2021 at 9:00

a.m. An updated status report is due September 1, 2021.

DEBTOR TO LODGE (1) FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND (2) PLAN CONFIRMATION ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Meade Instruments Corp. Represented By

2:00 PM

CONT...

Movant(s):

Meade Instruments Corp.

Robert P Goe

Chapter 11

Official Committee of Unsecured Represented By

Mark S Horoupian Claire K Wu

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Status Conference of Chapter 11 Case

(Petition filed 12/4/2019)

[Case transferred from CB on 7/29/2020]

FR: 12-11-19; 12-12-19; 1-29-20; 3-25-20; 6-24-20; advanced from 9-23-20;

9-23-20; 1-20-21; 2-10-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: September 15, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

9:00 AM

8:18-10218

Lourdes Watters

Chapter 13

#1.00

CONT'D Amended Motion for relief from stay [Real Property]

MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)

(Amended Motion filed 12-4-20)

[RE : 23905 Matador Way, Murrieta, CA 92562]

FR: 8-24-20; 10-5-20; 11-2-20; 12-7-20; 1-11-21; 2-22-21

[Tele. appr., Bryn C. Deb, repr., Debtor]

Docket 69

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Parties' efforts to reach a settlement.

Party Information

Debtor(s):

Lourdes Watters Represented By

9:00 AM

CONT...

Trustee(s):

Lourdes Watters

Bryn C Deb

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-10412

Cynthia Bray Dimel

Chapter 13

#2.00

Motion for relief from stay [Personal Property]

Wells Fargo Bank, N.A., d/b/a Wells Fargo Auto vs DEBTOR (Motion filed 3-23-21)

[RE: 2017 Volvo XC60 - VIN No.: YV449MRS3H2016113]

[Tele. appr., Christopher J Langley, repr., Debtor]

[Tele. appr., Josephine E. Salmon, repr., Selence Wells Fargo Bank, N.A.]

Docket 53

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

9:00 AM

CONT...

Cynthia Bray Dimel

Chapter 13

pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Cynthia Bray Dimel Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13088

Kelly Lee Reeves

Chapter 13

#3.00

Motion for relief from stay [Real Property]

Wilmington Savings Fund Society, FSB vs DEBTOR (Motion filed 3-22-21)

[RE: 109 Canyoncrest, Irvine, California 92603]

[Tele. appr., Eric Enciso, repr., Selene Finance, LP, Creditor]

Docket 25

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Kelly Lee Reeves

Chapter 13

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Kelly Lee Reeves Represented By

James D. Hornbuckle

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10396

Joseph Pahl

Chapter 13

#4.00

Motion for relief from stay [Real Property]

Wilmington Trust, National Association vs DEBTOR (Motion filed 3-23-21)

[RE: 1631 E Riverview Ave., Orange, CA 92865-1518]

[Tele. appr., Darlene C. Vigil, repr., Wilmington Trust, N.A., Creditor]

Docket 21

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Joseph Pahl

Chapter 13

Also, grant the following relief:

Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).

The Court will deny the Motion as to (d)(4) relief.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Joseph Pahl Represented By

Scott Dicus

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10644

Diego Ochoa Juarez

Chapter 7

#5.00

Motion for relief from stay [Personal Property]

TD Auto Finance, LLC vs DEBTOR (Motion filed 3-26-21)

[RE: 2018 Chevrolet Malibu - VIN No.: 1G1ZD5ST9JF267242]

Docket 7

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Diego Ochoa Juarez

Party Information

Chapter 7

Diego Ochoa Juarez Represented By Francis Guilardi

Trustee(s):

Karen S Naylor (TR) Pro Se

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#6.00

Hearing RE: Motion for Relief From Stay to Allow Zurich American Insurance Company to Advance and/or Pay Defense Funds to Jackson Lewis P.C. (Motion filed 3-26-21)

[RE: Case Name: Askew v South Coast Behavioral Health, LLC] [Docket Number: No. 30-2018-00998594-CU-BC-CJC]

[Pending In: Orange County Superior Court] &

[RE: Case Name: Smithv South Coast Behavioral Health, LLC] [Docket Number: No. 30-2018-01039789-CU-OE-CJC]

[Pending In: Orange County Superior Court] [Tele. appr., Richard B. Azada, repr., Debtor]

[Tele. appr., Reem J. Bello, repr., Creditor Committee]

Docket 840

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

The Court intends to grant the motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

2:00 PM

8:19-12127

Richard J. Kelly and Mary J. Kelly

Chapter 7

#1.00

CONT'D Hearing RE: Objection To Debtors' Claims Of Exemption (Motion filed 12/13/19)

FR: 1-27-20; 4-20-20L; 7-20-20; 11-30-20; 1-29-21

Docket 33

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 14, 2021 AT 9:00 AM ENTERED ON 4

-5-21 (DOCKET NO. 89).

Tentative Ruling:

Party Information

Debtor(s):

Richard J. Kelly Represented By

J Scott Williams

Joint Debtor(s):

Mary J. Kelly Represented By

J Scott Williams

Trustee(s):

Jeffrey I Golden (TR) Represented By Faye C Rasch

2:00 PM

8:19-12127

Richard J. Kelly and Mary J. Kelly

Chapter 7

#2.00

CONT'D Hearing RE: Objection To Debtor's Claims Of Exemption On Amended Schedules

(Motion filed 6/19/2020)

FR: 7-20-20; 11-30-20; 1-25-21

Docket 59

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 14, 2021 AT 9:00 AM ENTERED ON 4

-5-21 (DOCKET NO. 89).

Tentative Ruling:

Party Information

Debtor(s):

Richard J. Kelly Represented By

J Scott Williams

Joint Debtor(s):

Mary J. Kelly Represented By

J Scott Williams

Trustee(s):

Jeffrey I Golden (TR) Represented By Faye C Rasch

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#3.00

CONT'D Hearing RE: Motion For Order Disallowing Proof of Claim (Motion filed 10-15-20)

Claim No. 35-1 BMF Capital $340,000.00 FR: 11-30-20, 2-8-21

Docket 635

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO APPROVE SETTLEMENT AGREEMENT WITH BMF CAPITAL ENTERED 3-4-2021 (DOCKET NO. 805).

Tentative Ruling:

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

2:00 PM

8:20-11329

Ilyas M. Chaudhary

Chapter 11

#4.00

Hearing RE: Motion for Order Approving Post Petition Financing from Jovian Petroleum Corp.; And Granting to Jovian Petroleum Corp. A Junior Deed of Trust on Debtor's Property

(Motion filed 3-25-21)

[Tele. appr., Michele S. Assayag, repr., City National Bank, Creditor] [Tele. appr., Kevin Tang, repr., Debtor]

Docket 61

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant, provided that the lien granted to Jovian Petroleum Corporation shall not prime any existing secured creditor with respect to 10441 Villa del Cerro, Santa Ana except to the extent such secured creditor is completely taken out by proceeds of the Jovian Petroleum Corporation loan.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Ilyas M. Chaudhary

Chapter 11

Ilyas M. Chaudhary Represented By Kevin Tang

2:00 PM

8:20-12364

Crush Materials Corporation

Chapter 7

#5.00

Hearing RE: Motion to Abandon Property Under Rule 6007(B) (Motion filed 1-25-21)

(Set by Court Order on 2-2-21)

[Tele. appr., Laurence R. Phillips, repr., Hazard Construction Engr., Creditor]

Docket 14

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Crush Materials Corporation Represented By

R Gibson Pagter Jr.

2:00 PM

CONT...

Trustee(s):

Crush Materials Corporation

Chapter 7

Jeffrey I Golden (TR) Pro Se

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#6.00

Hearing RE: First Interim Application for Compensation and Reimbursement of Expenses from the Period of December 4, 2020 to March 22, 2021

(Application filed 3-26-21)

[RE: DTO Law - Special Counsel] [Fees: $2,000.00; Expenses: $0.00]

[Tele. appr., Ronald A. Clifford, repr., Debtor]

Docket 142

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the heaing to May 24, 2021 at 2:00 p.m. to allow the motion to dismiss or convert to be resolved.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By

2:00 PM

CONT...

Heartwise, Inc.

Ronald Clifford

Chapter 11

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#7.00

Hearing RE: First Interim Application for Compensation and Reimbursement of Expenses from the Period of December 16, 2020 to March 22, 2021

(Application filed 3-26-21)

[RE: Blakeley LLP - Debtor's Attorney] [Fee: $157,808.00, Expenses: $1,786.99]

[Tele. appr., Ronald A. Clifford, repr., Debtor]

Docket 144

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the heaing to May 24, 2021 at 2:00 p.m. to allow the motion to dismiss or convert to be resolved.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By

2:00 PM

CONT...

Heartwise, Inc.

Ronald Clifford

Chapter 11

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#8.00

Hearing RE: First and Final Application for Compensation and Reimbursement of Expenses from the Period of December 5, 2020 to December 16, 2020

(Application filed 3-29-21)

[RE: Michael Jay Berger - Former Debtor's Counsel] [Fees: $8,205.00; Expenses: $0.00]

[Tele. appr., Ronald A. Clifford, repr., Debtor]

Docket 150

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the heaing to May 24, 2021 at 2:00 p.m. to allow the motion to dismiss or convert to be resolved.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By

2:00 PM

CONT...

Heartwise, Inc.

Ronald Clifford

Chapter 11

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#1.00

Defendant Brickhaven Condominium Association Motion filed 3/8/21 to Dismiss Adversary Proceeding

Docket 6

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi

Karl V Fink Represented By

Kathryn M.S. Catherwood

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Washtenaw County Civil Division Pro Se

Movant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#2.00

Defendants Karl V. Fink, Naomi E. Fink and Fink & Fink PLLC's Motion filed 3/29/21 to Dismiss Adversary

Docket 19

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi

Karl V Fink Represented By

Kathryn M.S. Catherwood

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Washtenaw County Civil Division Pro Se

Movant(s):

Karl V Fink Represented By

Kathryn M.S. Catherwood

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#3.00

Plaintiff's Motion for Default Judgment under LBR 7055-1

Docket 14

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi

Karl V Fink Represented By

Kathryn M.S. Catherwood

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Washtenaw County Civil Division Pro Se

Movant(s):

Gary S Hann Pro Se

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#4.00

STATUS CONFERENCE re: Complaint by Gary S Hann, against Brickhaven Condominium Assoc., a Michigan Non Profit Corp and Its Board of Directors , Rami Hjazi , Pamela Palmieri , Huy Nguyen Hoang-La , Karl V Fink , Naomi E Fink , Fink & Fink PLLC , Old Republic Title Insurance Co , Washtenaw County Civil Division Sheriff James B Damron in his official Capacity and as an Individual . ($350.00 Fee Not Required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) ,(21 (Validity, priority or extent of lien or other interest in property)) ,(72 (Injunctive relief - other)) ,(91 (Declaratory judgment))

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Gary S. Hann

Chapter 7

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi

Karl V Fink Represented By

Kathryn M.S. Catherwood

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Washtenaw County Civil Division Pro Se

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01018 Hann v. Sakaya et al

#5.00

Plaintiff's Motion for Default Judgment

Docket 6

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Francis P Sakaya Pro Se

Jacqueline Mbwille Pro Se

Babalao Investors LLC Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By David D Samani

Movant(s):

Gary S Hann Pro Se

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01018 Hann v. Sakaya et al

#6.00

Hrg. on Defendants' Motion filed 3/10/21 to Dismiss Adversary Proceeding Pursuant to FRCP 12(b)(6)

Docket 4

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Francis P Sakaya Pro Se

Jacqueline Mbwille Pro Se

Babalao Investors LLC Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By David D Samani

Movant(s):

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By David D Samani

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01018 Hann v. Sakaya et al

#7.00

STATUS CONFERENCE re: Complaint by Gary S Hann against Francis P Sakaya , Jacqueline Mbwille , Babalao Investors LLC, Collis Griffor & Hendra PC , Stuart M Collis. ($350.00 Fee Not Required). (Attachments: #(1) Part 2 of 4 #(2) Part 3 of 4 #(3) Part 4 of 4) Nature of Suit: (11 (Recovery of

money/property - 542 turnover of property)) ,(21 (Validity, priority or extent of lien or other interest in property)) ,(72 (Injunctive relief - other)) ,(91 (Declaratory judgment))

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Defendant(s):

Francis P Sakaya Pro Se

Jacqueline Mbwille Pro Se

Babalao Investors LLC Pro Se

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By David D Samani

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#8.00

Hrg. on Defendants' James A. Fink and Fink & Fink PLLC's Motion filed 3/29/21 to dismiss

Docket 8

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Pro Se

Richard E Conlin Pro Se

Kirk W Tabbey Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

James A Fink Represented By

Kathryn M.S. Catherwood

Fink & Fink PLLC Pro Se

Movant(s):

James A Fink Represented By

Kathryn M.S. Catherwood

Plaintiff(s):

Gary Steven Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#9.00

CONT Hrg. on Chapter 11 Status Conference From: 11/3/20, 11/19/20, 11/24/20

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to May 18, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

9:00 AM

6:19-17552

RVT Inc

Chapter 11

#10.00

CONT Hrg. on Chapter 11 Status Conference From: 11/5/2020,2/16/21

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to April 27, 2021 at 2:00 p.m. (the same date and time as the hearing on the disclosure statement).

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

RVT Inc Represented By

Julie J Villalobos

9:00 AM

6:19-18367

Affordable Auto Repair, Inc.

Chapter 11

Adv#: 6:21-01027 QuarterSpot, Inc. et al v. Blickhan

#11.00

STATUS CONFERENCE re Notice of Removal Filed by Douglas Blickhan by QuarterSpot, Inc.. Fee Amount $350 Nature of Suit: (01 (Determination of removed claim or cause))

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will issue the following scheduling order:

All discovery shall close on November 30, 2021.

All discovery motions shall be heard before December 31, 2021.

All pretrial motions (except motions in limine) shall be heard before January 31, 2021.

The Court sets a status conference for February 9, 2022 at 9:00 a.m. COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

Affordable Auto Repair, Inc.

Party Information

Chapter 11

Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd

Defendant(s):

Douglas Blickhan Represented By Michael Jones

Plaintiff(s):

QuarterSpot, Inc. Represented By Robert J Im

2:00 PM

6:19-13809

Michael Aguilar Macalinao and Karina Amezcua Macalinao

Chapter 7

#1.00

Hrg. on Trustee's Final Report and Applications for Compensation

[A. Cisneros, chapter 7 trustee] [Fees; $3950.00; Expenses; $61.20]

[Levene, Neale, Bender, Yoo & Brill, LLP; attorneys for trustee] [Fees; 5000.00; Expenses; $337.40]

[Donald Fife, tax preparer] [Fees; $1000.00]

Docket 57

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Michael Aguilar Macalinao and Karina Amezcua Macalinao

Chapter 7

secured claims. 11 U.S.C. § 326(a).

The compensation is approved as to the Trustee, with fees in the amount of $3,950.00 and expenses in the amount of $61.20.

The compensation is approved as to Levene, Neale, Bender, Yoo & Brill, LLP, with fees in the amount of $5,000.00 and expenses in the amount of $337.40.

The compensation is approved as to Donald Fife, with fees in the amount of $1,000.00 and expenses in the amount of $0.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Michael Aguilar Macalinao Represented By Nicholas M Wajda

Joint Debtor(s):

Karina Amezcua Macalinao Represented By Nicholas M Wajda

Trustee(s):

Arturo Cisneros (TR) Represented By Todd A Frealy

9:00 AM

8:18-10905

Michael William Devine

Chapter 7

Adv#: 8:19-01095 The United States Trustee For Region 16 v. Devine

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debtor Pursuant to 11 U.S.C. Section 72711 U.S.C. Section 727 (Complaint filed 5/28/19)

(PTC set at S/C held 8-14-19)

FR: 8-14-19; 3-18-20; 6-24-20; 8-26-20; 11-30-20; 2-10-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this matter to July 21, 2021 at 9:00 a.m. At that time, the Court expects to be open. This matter will go forward on July 21, 2021 as a pretrial conference (and not a status conference).

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Michael William Devine

Chapter 7

Michael William Devine Represented By Christopher J Langley

Defendant(s):

Michael William Devine Represented By Christopher J Langley Donald W Reid

Plaintiff(s):

The United States Trustee For Represented By Frank Cadigan

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:20-13178

Adrian Alejandro Ruiz Guzman

Chapter 7

Adv#: 8:21-01008 SchoolsFirst Federal Credit Union v. Guzman

#2.00

STATUS CONFERENCE Hearing RE: Complaint to Determine Dischargeability of Debt

(Complaint filed 2-2-21)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will set a deadline of July 31, 2021 for hearing a motion for entry of default judgment. The status conference is continued to September 8, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Adrian Alejandro Ruiz Guzman Represented By

Marlin Branstetter

Defendant(s):

Adrian Alejandro Ruiz Guzman Pro Se

9:00 AM

CONT...

Adrian Alejandro Ruiz Guzman

Chapter 7

Joint Debtor(s):

Daniela Vazquez Represented By Marlin Branstetter

Plaintiff(s):

SchoolsFirst Federal Credit Union Represented By

Paul V Reza

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#3.00

STATUS CONFERENCE RE: (1) Status Of Sub Chapter V Case; And (2)

Requiring Report On Status Of Sub Chapter V Case (Petition filed 3-11-21)

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: August 11, 2021 at 9:00 a.m. An updated status report is due July 28, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Global Discovery Biosciences Represented By Jeffrey I Golden

9:00 AM

CONT...

Trustee(s):

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

Mark M Sharf (TR) Pro Se

9:00 AM

8:19-11212

Marc Solomon Tenner

Chapter 7

Adv#: 8:19-01094 DeLuca et al v. Tenner

#4.00

CONT'D Hearing RE: Motion for Relief From the Pre-trial Stipulation (Motion filed 11-4-20)

FR: 12-2-20

Docket 24

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this matter as a status conference only to July 14, 2021 at 9:00 a.m., when it expects to be open again for in-person appearances. At the July 14 hearing, the Court will confer with counsel to set a date for an evidentiary hearing.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Marc Solomon Tenner Represented By Marc Weitz

9:00 AM

CONT...

Marc Solomon Tenner

Chapter 7

Defendant(s):

Marc Solomon Tenner Pro Se

Plaintiff(s):

John DeLuca Represented By

Timothy F Umbreit Thomas K Emmitt

Lenore DeLuca Represented By Timothy F Umbreit Thomas K Emmitt

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

#5.00

CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 7 Case (Set per Order Entered 7/31/19)

FR: 10-16-19; 4-15-20, 10-21-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

For the reasons described in the Baek Parties' status report, the Court will continue this matter to September 1, 2021 at 9:00 a.m. An updated status report is due August 18, 2021. All stays remain in effect through and including September 1, 2021, except that the Court lifts the stay with respect to the OSC to the extent necessary to hear a motion to vacate the OSC.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

John Olaf Halvorson Represented By Marc C Forsythe

9:00 AM

CONT...

Trustee(s):

John Olaf Halvorson

Charity J Manee

Chapter 7

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

#6.00

CONT'D STATUS CONFERENCE Hearing RE: Motion For Order to Show Cause Pursuant to Local Bankruptcy Rule 9020-1 Why the Baeks Should Not Be Held in Contempt for Willfully Violating the Automatic Stay and Court Order and Sanctioned Pursuant to 11 U.S.C. Section 105

(Motion filed 5/29/18)

(Set per Order Entered 8-31-18) (S/C set at hearing held 4/17/19)

FR: 10-22-18; 1-28-19; 4-17-19; 7-17-19; 10-16-19; 4-14-20; 10-21-20

Docket 282

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

John Olaf Halvorson

Party Information

Chapter 7

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee

Movant(s):

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

Adv#: 8:15-01454 Baek v. Halvorson et al

#7.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Judgment, Nondischargeability Of Debt

(Complaint filed 11/25/15)

(S/C set per Order Entered 2-1-19)

FR: 3-2-16; 6-22-16; 9-28-16; 10-19-16; 11-16-16; 1-28-19; 4-17-19; 7-17-19;

10-16-19; 4-15-20; 10-21-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

John Olaf Halvorson

Chapter 7

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee

Defendant(s):

John Olaf Halvorson Represented By Charity J Manee Marc C Forsythe

Weneta M.A. Kosmala Represented By Reem J Bello

Plaintiff(s):

Grace Baek Represented By

Ali Matin

Steven J. Katzman Kyle Kveton

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

Adv#: 8:17-01119 Kosmala et al v. Pacific Commercial Group, LLC et al

#8.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint:

For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(B) And 550; And California Civil Code Sections 3439.04(a)(1); 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550; And California Civil Code Sections 3439.04(a)(2); 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544(b) And 550; And California Civil Code Sections 3439.05; 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(A)(1)(A) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(A)(1)(B) And 550;
To Avoid And Recover Unauthorized Post Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550;
Declaratory Relief;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (Complaint filed 7/15/17)

(PTC set at S/C held 3-7-18)

(S/C set per Order Entered 1-11-19) (S/C reset per Order Entered 2-1-19)

FR: 10-4-17; 11-8-17; 1-17-18; 3-7-18; 11-28-18; 1-28-19; 4-17-19; 7-17-19;

10-16-19; 4-15-19; 10-21-20

9:00 AM

CONT...

John Olaf Halvorson

Docket 1

Chapter 7

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee

Defendant(s):

Pacific Commercial Group, LLC Represented By

Steven J. Katzman Ali Matin

9:00 AM

CONT...

John Olaf Halvorson

Kyle Kveton

Chapter 7

Baek Family Partnership, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Baek 124, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Baek Holdings, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Baek 153, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

RGJ Baek, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Richard Baek Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Grace Baek Represented By

Steven J. Katzman Ali Matin

Kyle Kveton

Plaintiff(s):

Weneta M.A. Kosmala Represented By Reem J Bello

9:00 AM

CONT...

Trustee(s):

John Olaf Halvorson

Jeffrey I Golden

Chapter 7

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

Adv#: 8:17-01119 Kosmala et al v. Pacific Commercial Group, LLC et al

#9.00

CONT'D Hearing RE: Whether Adversary Proceeding Should Be Stayed (Set per Order Entered 10-18-19)

FR: 12/2/19; 10-21-20

Docket 71

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

John Olaf Halvorson Represented By

9:00 AM

CONT...

John Olaf Halvorson

Marc C Forsythe Charity J Manee

Chapter 7

Defendant(s):

Pacific Commercial Group, LLC Represented By

Steven J. Katzman Ali Matin

Kyle Kveton

Baek Family Partnership, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Baek 124, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Baek Holdings, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Baek 153, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

RGJ Baek, LLC Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Richard Baek Represented By Steven J. Katzman Ali Matin

Kyle Kveton

Grace Baek Represented By

9:00 AM

CONT...

John Olaf Halvorson

Steven J. Katzman Ali Matin

Kyle Kveton

Chapter 7

Plaintiff(s):

Weneta M.A. Kosmala Represented By Reem J Bello Jeffrey I Golden

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

Adv#: 8:19-01191 Baek et al v. Halvorson et al

#10.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint (Fraudulent Transfer; Constructive/Resulting Trust)

(Complaint filed 3/26/19)

FR: 10-16-19; 4-15-20; 10-21-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

John Olaf Halvorson

Chapter 7

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee

Defendant(s):

John O. Halvorson Represented By Marc C Forsythe Charity J Manee

Dan L. Halvorson Represented By Christopher Celentino Guillermo Cabrera Peter W Bowie

Jerry Ann Randall Represented By Christopher Celentino Guillermo Cabrera Peter W Bowie

Jerry Ann Randall as Trustee of the Represented By

Christopher Celentino Guillermo Cabrera Peter W Bowie

PCC Fund I, LLC Pro Se

Granite Bay Partners II, LLC Pro Se

JH RE Holdings, LLC Pro Se

Plaintiff(s):

Richard Baek Represented By Ali Matin

Steven J. Katzman Kyle Kveton Thomas H Bienert Jr.

Phillip Allan Trajan Perez

9:00 AM

CONT...

John Olaf Halvorson

Chapter 7

Baek 153 LLC Represented By Ali Matin

Steven J. Katzman Kyle Kveton Thomas H Bienert Jr.

Phillip Allan Trajan Perez

Pacific Commercial Group LLC Represented By Ali Matin

Steven J. Katzman Kyle Kveton Thomas H Bienert Jr.

Phillip Allan Trajan Perez

Weneta Kosmala Represented By Reem J Bello Jeffrey I Golden

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

Adv#: 8:15-01382 Baek 124th, LLC et al v. Halvorson et al

#11.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt

(Complaint filed 10/2/15) (PTC set at S/C held 1/20/16) (S/C set per Order Entered 1/11/19)

FR: 1-16-16; 1-20-16; 9-21-16; 12-21-18; 1-28-19; 10-16-19; 4-15-20; 10-21-20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

John Olaf Halvorson

Chapter 7

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee

Defendant(s):

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee Corey B Tolliver

Marc C Forsythe Represented By Corey B Tolliver

Plaintiff(s):

Baek 124th, LLC Represented By Steven J. Katzman

Baek 153, LLC Represented By Steven J. Katzman

Baek Ainsworth Property, LLC Represented By Steven J. Katzman

Baek Development, LLC Represented By Steven J. Katzman

Baek Family Partnership Represented By Steven J. Katzman

Baek Holdings, LLC Represented By Christopher N Coyle Steven J. Katzman

Baek Uptown Property, LLC Represented By Steven J. Katzman

Pacific Commercial Group, LLC Represented By

Steven J. Katzman

9:00 AM

CONT...

John Olaf Halvorson

Chapter 7

RGJ Baek, LLC Represented By Steven J. Katzman

Grace Baek Represented By

Steven J. Katzman

Richard Baek Represented By Steven J. Katzman

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

9:00 AM

8:18-11997

QDOS, Inc

Chapter 11

#1.00

Motion for relief from stay [Unlawful Detainer]

Dawn US Holdings LLC dba Evoque Data Center Solutions vs DEBTOR (Motion filed 3-26-21)

[RE: 2681 Kelvin Avenue, Irvine, CA 92614]

[Tele. appr., William A. Smelko, repr., Dawn US Holdings LLC, Creditor]

Docket 171

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION VACATING HEARING ON MOTION ENTERED ON 4-22- 21 (DOCKET NO. 196).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

9:00 AM

8:21-10043

Dale Allen Funkhouser and Liduvina Villaluz Funkhouser

Chapter 7

#2.00

Amended Motion for relief from stay [Personal Property]

Bank of America, N.A. vs DEBTOR (Motion filed 3-23-21)

[RE: 2019 Winnebago Micro Minnie - VIN No.: 54CTM2J22K3045584] [Tele. appr., Robert P. Zahradka, repr., Bank of America, N.A., Creditor]

Docket 14

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Dale Allen Funkhouser and Liduvina Villaluz Funkhouser

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Dale Allen Funkhouser Represented By Christopher J Langley

Joint Debtor(s):

Liduvina Villaluz Funkhouser Represented By Christopher J Langley

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:21-10217

Pun Son Kim

Chapter 7

#3.00

Motion for relief from stay [Personal Property]

BMW Bank of North America vs DEBTOR (Motion filed 3-29-21)

[RE: 2014 BMW 5 Series 535i Sedan 4D - VIN No.: WBA5B1C58ED476409]

Docket 8

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Pun Son Kim

Party Information

Chapter 7

Pun Son Kim Represented By

Andrew S Cho

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

9:00 AM

8:21-10236

Daniel Craig Smith

Chapter 13

#4.00

Motion for relief from stay [Personal Property]

USB Leasing LT vs DEBTOR (Motion filed 3-29-21)

[RE: 2017 Dodge Ram 1500 - VIN No.: 1C6RR7NT3HS803191]

Docket 26

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Daniel Craig Smith

Party Information

Chapter 13

Daniel Craig Smith Represented By Marc A Goldbach

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:15-10182

Ahmad Malkawi

Chapter 7

#1.00

Hearing RE: Motion by Debtor to Close Case or, in the Alternative, to Convert Case

(Motion filed 4-5-21)

Docket 74

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion in part and convert this case to chapter 11. The Chapter 7 Trustee has failed to make a sufficient showing this Debtor lied on the schedules.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ahmad Malkawi Represented By Zuhair Nubani

Michael B Reynolds

2:00 PM

CONT...

Trustee(s):

Ahmad Malkawi

Chapter 7

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Jeffrey I Golden

2:00 PM

8:18-13870

Francisco Ramirez Ramirez and Aurora Mendez Barajas

Chapter 13

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Objection To Proof Of Claim:

Claim No. 3 Investment Consultants, Inc. $163284.01 (Motion filed 3/29/2019]

(Order Entered 9/27/2019)

[Case Transferred from CB on 7/31/2020]

[Case Remanded And Reversed (Docket No. 70)

(S/C set per Order Entered 8/4/2020) FR: 5-9-19; 8-8-19; 10-7-20; 1-11-21

Docket 39

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of settlement documents. Next status conference: July 7, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Francisco Ramirez Ramirez and Aurora Mendez Barajas

Chapter 13

Francisco Ramirez Ramirez Represented By

Misty A Perry Isaacson

Joint Debtor(s):

Aurora Mendez Barajas Represented By

Misty A Perry Isaacson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#3.00

Hearing RE: Application of the Chapter 7 Trustee to Employ Counsel (Law Office of Thomas H. Casey, Inc., a Professional Corporation) Effective February 21, 2021

(Motion filed 2-25-21)

(Set per notice filed 3-19-21)

Docket 30

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MAY 10, 2021 AT 2:00 PM ENTERED ON 4-13-21 (DOCKET NO. 85)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#4.00

Hearing RE: Chapter 7 Trustee's Motion for Order Authorizing Abandonment of the Estate's Interest in Litigation with the Irvine Company

(Motion filed 4/2/21)

Docket 63

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO MAY 10, 2021 AT 2:00 PM ENTERED ON 4-13-21 (DOCKET NO. 85)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#5.00

CONT'D Hearing RE: Debtor's Motion to Convert Case to Chapter 11 Under 11

U.S.C. Section 706(a) or 1112(a) (Motion filed 2-17-21) (Opposition filed 2-22-21)

(Set per Notice filed 2-26-21) FR: 3-15-21

Docket 21

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MAY 10, 2021 AT 2:00 PM ENTERED ON 4-

8-21 (DOCKET NO. 74).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#6.00

Hearing RE: Motion for Order:

Dismissing Debtor's Bankruptcy Case for Lack of Jurisdiction;
Dismissing Debtor's Bankruptcy Case for Cause Pursuant to Bankruptcy Code § 1112(b);
Abstaining from Debtor's Bankruptcy Case Pursuant to Bankruptcy Code § 305; or Alternatively;
Exercising Mandatory or Permissive Abstention Under 28 USC § 1334(c) Over the Question of Whether Debtor's Case Was Properly Authorized to be Filed Under the Applicable Corporate Law;
Awarding Sanctions for Violation of Bankruptcy Rule 9011 (Motion filed 4-5-21)

Docket 24

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MAY 10, 2021 AT 2:00 PM ENTERED ON 4-

19-21 (DOCKET NO. 36).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Global Discovery Biosciences Represented By Jeffrey I Golden Beth Gaschen Sonja Hourany

Trustee(s):

Mark M Sharf (TR) Pro Se

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#1.00

Hrg. on Defendants J. Cedric Simpson, Kirk W. Tabbey and Richard F. Conlin Motion to Dismiss Adversary Proceeding

Docket 12

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to June 8, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Represented By Stuart J Wald

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Richard E Conlin Pro Se

Kirk W Tabbey Represented By Stuart J Wald

James A Fink Represented By

Kathryn M.S. Catherwood

Fink & Fink PLLC Pro Se

Plaintiff(s):

Gary Steven Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:19-18367

Affordable Auto Repair, Inc.

Chapter 11

Adv#: 6:21-01027 QuarterSpot, Inc. et al v. Blickhan

#2.00

Hrg. on Plaintiff and Counter Defendant Quarterspot, Inc.'s Motion for Remand

Docket 13

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

11 U.S.C. § 1447(c) and LBR 9027-1(c) require a motion for remand to be filed within 30 days of the filing of the notice of removal. The motion is untimely under the rule. The remand motion was filed approximately five (5) days late.

It is true, as Movant argues, that an exception exists under 28 U.S.C. § 1447(c) for remands based upon a lack of subject matter jurisdiction. However, Movant has failed to make a sufficient showing that this Court lacks subject matter jurisdiction.

The Court agrees with Defendant's argument that this Court possesses either "arising in" or "related to" jurisdiction. An important issue is whether the chapter 11 plan actually changed the terms of the agreement that Defendant guaranteed.

The Motion is denied with prejudice.

9:00 AM

CONT...

Affordable Auto Repair, Inc.

Chapter 11

DEFENDANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd

Defendant(s):

Douglas Blickhan Represented By Michael Jones

Plaintiff(s):

QuarterSpot, Inc. Represented By Robert J Im

9:00 AM

6:20-12897

Marco A. Rojas Razo

Chapter 7

Adv#: 6:20-01162 Bui v. Rojas

#3.00

Civ. Code §§ 3439.04, 3439.07, 3439.08]; 2) Avoidance Of Constructive

Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 550, 551; Cal.

Civ. Code §§ 3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3) Disallowance Of

Claims [11 U.S.C. § 502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; and 5)

From: 12/3/20,1/26/21

Docket 1

*** VACATED *** REASON: CONTINUED TO 6/8/21 BY ORDER ENTERED 4/19/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marco A. Rojas Razo Represented By Joseph A Weber Fritz J Firman

Defendant(s):

Luis Armando Rojas Pro Se

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

9:00 AM

CONT...

Trustee(s):

Marco A. Rojas Razo

Chapter 7

Lynda T. Bui (TR) Pro Se

2:00 PM

6:08-24564

Edward Joseph Rush and Valerie Ann Rush

Chapter 7

#1.00

Hrg. on Debtor's Motion filed 3/9/21 to Reopen Bankruptcy Case for Violation of Discharge Injunction under 11 U.S.C. Sec. 524 (Ch 7)

Docket 76

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Edward Joseph Rush Represented By

Charles Benjamin Graff

Joint Debtor(s):

Valerie Ann Rush Represented By

Charles Benjamin Graff

2:00 PM

CONT...

Trustee(s):

Edward Joseph Rush and Valerie Ann Rush

Chapter 7

Christopher R Barclay (TR) Pro Se

2:00 PM

6:17-16366

Monica Risa Moreno

Chapter 7

#2.00

Hrg. on Trustee's Final Report and Applications for Compensation

[Larry Simons, chapter 7 trustee] [Fees; $1345.69; Expenses; $7.80]

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary

2:00 PM

CONT...

Monica Risa Moreno

Chapter 7

services rendered in the administration of this estate.

The compensation is approved as to the Trustee, with fees in the amount of $1,345.69 and expenses in the amount of $7.80.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Monica Risa Moreno Represented By

Wilfred E Briesemeister

Trustee(s):

Larry D Simons (TR) Pro Se

2:00 PM

6:17-18961

Joseph Edward Putney and Julie Anna Putney

Chapter 7

#3.00

CONT Hrg. on Order to Show Cause Re: Ming Cong Dang

From: 7/22/20,2/9/21

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court continues this matter as a status conference only to June 15, 2021 at 2:00

p.m. At the status conference, the Court will inquire whether all persons are comfortable appearing in person for the OSC hearing. If so, the Court will set a date for an in-person hearing on the OSC.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Joseph Edward Putney Represented By

2:00 PM

CONT...

Joseph Edward Putney and Julie Anna Putney

Jenny L Doling Summer M Shaw

Chapter 7

Joint Debtor(s):

Julie Anna Putney Represented By Jenny L Doling Summer M Shaw

Trustee(s):

Todd A. Frealy (TR) Pro Se

2:00 PM

6:19-17552

RVT Inc

Chapter 11

#4.00

CONT. Hrg. on Debtor's Plan and Disclosure Statement From: 1/12/21

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

No tentative ruling.

Party Information

Debtor(s):

RVT Inc Represented By

Julie J Villalobos

2:00 PM

6:19-17552

RVT Inc

Chapter 11

#4.10

CONT Hrg. on Chapter 11 Status Conference From: 11/5/2020,2/16/21,4/20/21

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

RVT Inc Represented By

Julie J Villalobos

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#5.00

Hrg. on Debtor's Objection filed 3/23/21 to Claim No. 7-1 by Claimant Akbar Razavi in the amount of $373,369.23

Docket 144

*** VACATED *** REASON: CONTINUED TO 6/8/21 BY ORDER ENTERED 4/12/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#6.00

Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 5-1 by Claimant Akbar Razavi in the amount of $1,000,000.00

Docket 158

*** VACATED *** REASON: CONTINUED TO 6/8/21 BY ORDER ENTERED 4/12/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#7.00

Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 6-1 by Claimant Akbar Razavi in the amount of $1,280,606.00

Docket 159

*** VACATED *** REASON: CONTINUED TO 6/8/21 BY ORDER ENTERED 4/12/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#8.00

Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 12-1 by Claimant Syed (Raza) Razavi in the amount of $1,000,000.00

Docket 160

*** VACATED *** REASON: CONTINUED TO 6/8/21 BY ORDER ENTERED 4/12/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#9.00

Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 13-1 by Claimant Syed (Raza) Razavi in the amount of $1,037,290.80

Docket 161

*** VACATED *** REASON: CONTINUED TO 6/8/21 BY ORDER ENTERED 4/12/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14663

PAL Distribution Inc

Chapter 7

#10.00

Hrg. on Application for Compensation (First & Final) for Caroline Renee Djang Trustee, Period: 7/8/2020 to 8/21/2020, Fee: $26,656.00, Expenses: $191.76.

Docket 128

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will require the UST to explain why the Trustee's fees and costs are being reduced by Stipulation.

Quite candidly, the Court is surprised the fees here are so low as they are. CHAPTER 11 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

PAL Distribution Inc Represented By

M. Jonathan Hayes

Trustee(s):

Charles W Daff (TR) Represented By

2:00 PM

CONT...

PAL Distribution Inc

Thomas H Casey

Chapter 7

9:00 AM

8:15-15311

Freedom Communications, Inc.

Chapter 11

Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint:

For Damages;
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B);
And
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04, 3439.05 And 3439.07; And

Jury Trial Demand (Complaint filed 1/26/17)

FR: 4-19-17; 6-21-17; 8-2-17; 12-13-17; 2-7-18; 2-5-18; 12-12-18; 5-31-19;

9-4-19; 2-12-20; 6-17-20; 10-21-20; 2-10-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO 4-28-21 AT 2:00 PM ENTERED ON 4-22-21 (DOCKET NO. 183).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman

Christopher J Green Caroline Djang Scott D Fink

Reed M Mercado Jeffrey W Dulberg

Defendant(s):

Aaron Kushner Represented By

9:00 AM

CONT...

Freedom Communications, Inc.

Erinn M Contreras

Chapter 11

Eric Spitz Represented By

Christopher B Queally James M Sabovich Raphael Cung

Richard J. Covelli Represented By Robert S Marticello Matthew T Furton

Traci M. Christian Represented By Matthew T Furton Brandon J Witkow

C & C Marketing LLC Represented By Robert S Marticello Matthew T Furton

C2 Advisors, LLC Represented By Robert S Marticello Matthew T Furton

Etaros Actuarial Services LLC Represented By Matthew T Furton Brandon J Witkow

JTR, LLC Represented By

Robert S Marticello Matthew T Furton

Plaintiff(s):

Official Committee of Unsecured Represented By

Alan J Kornfeld Elissa A Wagner

9:00 AM

8:18-13731

Fernando Zotea

Chapter 7

Adv#: 8:20-01044 Harman v. Zotea

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) (Objection To Dischargeability) And Damages

(Complaint filed 4/9/2020)

FR: 7-8-20; 1-20-21

[Tele. appr., Richard A. Jorgensen, repr., Jacob Harman, Plaintiff] [Tele. appr., Fernando Zotea, repr., Pro Per]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will order this adversary proceeding into mediation. This matter appears ripe for mediation in view of the limited demands being made by the Plaintiff.

The parties shall file a mediation stipulation and lodge an order thereon on or before June 30, 2021.

9:00 AM

CONT...

Fernando Zotea

Chapter 7

The Court will continue the status conference to October 6, 2021 at 9:00 a.m. An updated status report is due September 22, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Fernando Zotea Pro Se

Defendant(s):

Fernando Zotea Represented By Christopher B Good

Joint Debtor(s):

Alena May Zotea Pro Se

Plaintiff(s):

Jacob Harman Represented By Richard Jorgensen Jeffrey R Salberg

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:19-11987

Enalasys Corporation

Chapter 11

Adv#: 8:21-01005 Enalasys Corporation v. Taylor et al

#3.00

STATUS CONFERENCE Hearing RE: Notice of Removal (Case Transferred from U.S. District Court on 1-29-21)

[Tele. appr., Michael Jones, repr., Plaintiff]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The status report was very helpful. The Court will continue the status conference to June 30, 2021 at 9:00 a.m. in view of the delays in obtaining the state court removal.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Enalasys Corporation Represented By Michael Jones Sara Tidd

9:00 AM

CONT...

Enalasys Corporation

Chapter 11

Defendant(s):

James Eric Taylor Represented By Lowell F Sutherland

Nelson Baxley Pro Se

ECS Alliance, LLC Represented By John Breeze

Brad Chapin Pro Se

Joseph Werner Pro Se

Greennet Registry, LLC Represented By

Sabrina Danielle Johnson Douglas A Pettit

John P Carrieri Represented By

Sabrina Danielle Johnson Douglas A Pettit

Greennet IOT, LLC Represented By Lowell F Sutherland

Plaintiff(s):

Enalasys Corporation Represented By Tyler Buck Michael Jones

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#4.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/31/2020)

FR: 6-3-20; 8-26-20; 11-18-20; 3-17-21

[Tele. appr., John Balmer, repr., Creditor]

[Tele. appr., Roger F. Friedman, repr., Bridge Loan Financial, Creditor] [Tele. appr., Beth Gaschen, repr., Debtor]

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee]

[Tele. appr., Eoin L. Kreditor, repr., Fineline Woodworking, Creditor] [Tele. appr., Zu C. Kub, repr., Bridge Loan Financial, Inc., Creditor] [Tele. appr., Michael A. Wallin, repr., John Balmer, Creditor]

Docket 15

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into (1) compliance with UST guidelines and requirements, and (2) progress made by Coldwell Banker in selling the property since it was employed last October.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

2:00 PM

8:15-15311

Freedom Communications, Inc.

Chapter 11

#1.00

CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)

Requiring Report On Status Of Chapter 11 case (Petition filed 11/1/15)

FR: 1-13-16; 3-2-16; 4-13-16; 7-27-16; 12-7-16; 4-19-17; 8-30-17; 12-13-17;

4-9-18; 8-1-18; 11-14-18; 4-8-19; 8-12-19; 11-13-19; 4-15-20; 9-9-20; 9-23-20;

3-17-21

[Tele. appr., Jeffrey W. Dulberg, repr., Official Committee of Unsecured Creditors]

[Tele. appr., Alan J. Friedman, repr., Debtor]

[Tele. appr., Donny P. Le, repr., CA Department of Tax and Fee Administration]

[Tele. appr., Joel Ruderman, repr., Pension Benefit Guaranty Corporation, Creditor]

[Tele. appr., Erinn M. Contreras, repr., Aaron Kushner, Defendant]

Docket 141

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

2:00 PM

CONT...

Freedom Communications, Inc.

Chapter 11

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman

Christopher J Green Caroline Djang Scott D Fink

Reed M Mercado Jeffrey W Dulberg

2:00 PM

8:15-15311

Freedom Communications, Inc.

Chapter 11

#2.00

CONT'D Hearing RE: Approval Of Second Amended Disclosure Statement For Second Amended Joint Chapter 11 Plan Of Liquidation Proposed By Debtors And Official Committee Of Unsecured Creditors

(D.S. filed 6/4/2020) (OST Entered 6-9-2020)

(Amended D.S. filed 8-20-20) (2nd Amended D.S. filed 4-7-21)

FR: 7-15-20, 9-9-20, 9-23-20; 3-17-21

[Tele. appr., Jeffrey W. Dulberg, repr., Official Committee of Unsecured Creditors]

[Tele. appr., Alan J. Friedman, repr., Debtor]

[Tele. appr., Donny P. Le, repr., CA Department of Tax and Fee Administration]

[Tele. appr., Joel Ruderman, repr., Pension Benefit Guaranty Corporation, Creditor]

[Tele. appr., Hamid R. Rafatjoo, repr., Optronic Techonologies, Creditor]

Docket 1741

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are

2:00 PM

CONT...

Freedom Communications, Inc.

Chapter 11

highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will approve the Disclosure Statement with a few minor changes and enter a scheduling order:

Plan, disclosure statement, and ballots to be served on or before May 5, 2021. Ballots and objections to plan confirmation shall be due on or before June 2, 2021. Plan confirmation memorandum and replies to objections are due June 10, 2021. The plan confirmation hearing shall be on June 16, 2021 at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman

Christopher J Green Caroline Djang Scott D Fink

Reed M Mercado Jeffrey W Dulberg

2:00 PM

8:15-15311

Freedom Communications, Inc.

Chapter 11

Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al

#2.10

CONT'D STATUS CONFERENCE Hearing RE: Complaint:

For Damages;
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B);
And
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04, 3439.05 And 3439.07; And

Jury Trial Demand (Complaint filed 1/26/17)

FR: 4-19-17; 6-21-17; 8-2-17; 12-13-17; 2-7-18; 2-5-18; 12-12-18; 5-31-19;

9-4-19; 2-12-20; 6-17-20; 10-21-20; 2-10-21

[Tele. appr., Jeffrey W. Dulberg, repr., Official Committee of Unsecured Creditors]

[Tele. appr., Alan J. Friedman, repr., Debtor]

[Tele. appr., Donny P. Le, repr., CA Department of Tax and Fee Administration]

[Tele. appr., Joel Ruderman, repr., Pension Benefit Guaranty Corporation, Creditor]

[Tele. appr., Hamid R. Rafatjoo, repr., Optronic Techonologies, Creditor]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall.

2:00 PM

CONT...

Freedom Communications, Inc.

Chapter 11

If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to September 15, 2021 at 9:00 a.m. An updated status report is due September 1, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman

Christopher J Green Caroline Djang Scott D Fink

Reed M Mercado Jeffrey W Dulberg

Defendant(s):

Aaron Kushner Represented By Erinn M Contreras

Eric Spitz Represented By

Christopher B Queally James M Sabovich Raphael Cung

Richard J. Covelli Represented By Robert S Marticello

2:00 PM

CONT...

Freedom Communications, Inc.

Matthew T Furton

Chapter 11

Traci M. Christian Represented By Matthew T Furton Brandon J Witkow

C & C Marketing LLC Represented By Robert S Marticello Matthew T Furton

C2 Advisors, LLC Represented By Robert S Marticello Matthew T Furton

Etaros Actuarial Services LLC Represented By Matthew T Furton Brandon J Witkow

JTR, LLC Represented By

Robert S Marticello Matthew T Furton

Plaintiff(s):

Official Committee of Unsecured Represented By

Alan J Kornfeld Elissa A Wagner

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#3.00

CONT'D Hearing RE: Confirmation of First Amended Chapter 11 Plan of Reorganization Proposed by Official Committee of Unsecured Creditors (Plan filed 12-30-20)

(Amended Plan filed 2-17-21)

FR: 4-14-21

[Tele. appr., Robert P. Goe, repr., Debtor]

[Tele. appr., Mark S. Horoupian, repr., Creditor's Committee] [Tele. appr., Brandon N. Kruger, repr., Debtor]

[Tele. appr., Alfred Masse, repr., Interested Party - Listen Only]

[Tele. appr., Hamid R. Rafatjoo, repr., Optronic Techonologies, Creditor] [Tele. appr., Frank Cadigan, repr., U.S. Trustee]

Docket 363

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

2:00 PM

CONT...

Meade Instruments Corp.

Chapter 11

TELEPHONIC APPEARANCES REQUIRED.

The Court will confirm with counsel for the Committee, Debtor and SMRH that the Proposed Findings of Fact and Conclusions of Law, Docket No. 391, filed April 26, 2021, are now acceptable to them.

Assuming the answer is yes, the Court will confirm the First Amended Plan of Reorganization.

COMMITTEE TO LODGE CONFIRMATION ORDER, APPROVED AS TO FORM BY SMRH, VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Meade Instruments Corp. Represented By Robert P Goe

Movant(s):

Official Committee of Unsecured Represented By

Mark S Horoupian Claire K Wu

9:00 AM

8:20-13088

Kelly Lee Reeves

Chapter 13

#1.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 1-28-21

Docket 12

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Kelly Lee Reeves Represented By

James D. Hornbuckle

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10236

Daniel Craig Smith

Chapter 13

#2.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 36

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Daniel Craig Smith Represented By Marc A Goldbach

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10273

Jordan Levin Butler

Chapter 13

#3.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 16

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Jordan Levin Butler Represented By Daniel King

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10284

Edward Salti

Chapter 13

#4.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 23

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Edward Salti Represented By

Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10313

Ralph Richard Encinas

Chapter 13

#5.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Ralph Richard Encinas Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10319

Robert Steven Glass

Chapter 13

#6.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 13

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Robert Steven Glass Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10373

Mark Christopher Walsh

Chapter 13

#7.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Mark Christopher Walsh Represented By Michael R Totaro

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10424

Charles Kevin Powell and Maria A Alvarez

Chapter 13

#8.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 19

Tentative Ruling:

NONE LISTED -

Debtor(s):

Party Information
Charles Kevin Powell Represented By Mark J Markus
Joint Debtor(s):
Maria A Alvarez Represented By Mark J Markus
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:21-10396

Joseph Pahl

Chapter 13

#9.00
Hearing RE: Confirmation Of Chapter 13 Plan

Docket 15
*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER DEBTOR'S VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 4
-26-21 (DOCKET NO. 31).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Joseph Pahl Represented By
Scott Dicus
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:21-10379

Onofre De Los Santos

Chapter 13

#10.00
Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1
*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED DUE TO FAILURE TO FILE SCHEDULES, STATEMENTS, AND OR PLAN ON 2-24-21 (DOCKET NO. 10).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Onofre De Los Santos Represented By Arlene M Tokarz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:21-10277

Christine Karol Roberts

Chapter 13

#11.00
Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1
*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED DUE TO FAILURE TO FILE SCHEDULES, STATEMENTS, AND OR PLAN ON 3-23-21 (DOCKET NO. 13).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Christine Karol Roberts Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:21-10311

Timothy Lyon

Chapter 13

#12.00
Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND OR PLAN ENTERED ON 3-8-21 (DOCKET NO. 17).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Timothy Lyon Represented By Sarah E Shapero
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:21-10409

Robin Cho

Chapter 13

#13.00
Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1
*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED DUE TO FAILURE TO FILE SCHEDULES, STATEMENTS, AND OR PLAN ON 3-8-21 (DOCKET NO. 14).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Robin Cho Represented By
Andrew S Cho
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:16-10196

Jesse Flores and Patricia Josefa Dorati

Chapter 13

#1.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 3-3-21)
(Set per opposition filed 3-17-21)

Docket 118
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 4-15-21 (DOCKET NO. 127).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Jesse Flores Represented By
Carey C Pickford
Joint Debtor(s):
Patricia Josefa Dorati Represented By Carey C Pickford
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:16-11811

Karen Marie Duran

Chapter 13

#2.00

CONT'D Hearing RE: Verified Motion to Dismiss Case Due to Material Default of a Plan Provision
(Motion filed 12-10-20)

FR: 2-25-21

Docket 36
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court is inclining toward denying the motion to dismiss based upon the Court's order entered April 7, 2021 sustaining an objection and reclassifying Claim #5 as a general unsecured claim (not a secured claim), but will hear arguments by the Chapter 13 Trustee.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information
Debtor(s):
Karen Marie Duran Represented By
Paul M Allen - SUSPENDED -
10:15 AM
CONT...

Movant(s):

Karen Marie Duran

Sunita N Sood

Chapter 13
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:16-13594

Cesar C Galaviz

Chapter 13

#3.00

Hearing RE: Verified Motion to Dismiss Case Due to Material Default of a Plan Provision
(Motion filed 2-18-21)

Docket 63
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information
Debtor(s):
Cesar C Galaviz Represented By Lionel E Giron
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:16-15226

Juan Barrera and Maria Antonieta Caballero

Chapter 13

#4.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 3-3-21)
(Opposition filed 3-17-21) (Set per notice filed 3-23-21)

Docket 125
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 4-15-21 (DOCKET NO. 131).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Juan Barrera Represented By
Sunita N Sood Seema N Sood
Joint Debtor(s):
Maria Antonieta Caballero Represented By Sunita N Sood Seema N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:17-13030

Jason Michael Fatta

Chapter 13

#5.00

CONT'D Hearing RE: Amended Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend Plan Payments
(Motion filed 1-18-21)
(Set per notice of hearing filed 1-27-21)

FR: 3-25-21

Docket 93
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 4-20-21 (DOCKET NO. 108).
Tentative Ruling:
Party Information
Debtor(s):
Jason Michael Fatta Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:17-13030
Jason Michael Fatta
Chapter 13
#6.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8/6/2020)
(Case reassigned from CB on 7-31-20)
(Set per notice of hearing and opposition filed 8-28-20)

FR: 12-9-20; 1-28-21; 3-25-21

Docket 77
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether this matter has been consensually resolved.

Party Information
Debtor(s):
Jason Michael Fatta Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
CONT...

Jason Michael Fatta

Chapter 13
10:15 AM
8:18-10264

Mindy Gay Kennedy Alvarez

Chapter 13

#7.00

CONT'D Hearing RE: Creditor's Motion for New Hearing or New Consideration of Motion to Reopen Case, Or in the Alternative, For Relief From Order (Motion filed 10-13-20)

FR: 11-4-20; 1-28-21

Docket 155
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether the Chapter 13 Trustee continues to oppose the granting of the motion or, alternatively, whether the Chapter 13 Trustee's objections have been satisfied.

Party Information
Debtor(s):
Mindy Gay Kennedy Alvarez Represented By
Misty A Perry Isaacson
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
CONT...

Mindy Gay Kennedy Alvarez

Chapter 13
10:15 AM
8:18-10693

Maria A Basave de Guillen

Chapter 13

#8.00

CONT'D Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend Plan Payments
(Motion filed 1-5-21)
(Set per notice of hearing filed 1-26-21)

FR: 3-25-21

Docket 137
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 4-28-21 (DOCKET NO. 151).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Maria A Basave de Guillen Represented By Christopher J Langley Michael Smith
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:18-10693

Maria A Basave de Guillen

Chapter 13

#9.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)(6)) (Motion filed 1/6/2021)
(Set per notice and opposition filed 1-25-21)

FR: 3-25-21

Docket 139
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether documentation issues have been consensually resolved.

Party Information
Debtor(s):
Maria A Basave de Guillen Represented By Christopher J Langley Michael Smith
10:15 AM
CONT...
Trustee(s):

Maria A Basave de Guillen

Chapter 13
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:18-11797

Teresa Ruiz

Chapter 13

#10.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 2-3-21)
(Set per opposition filed 2-17-21)

Docket 66
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 4-15-21 (DOCKET NO. 72).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley Michael Smith
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:19-13894

Jordan Elijah Jaussi

Chapter 13

#11.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 3-3-21)
(Set per opposition filed 3-15-21)

Docket 56
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 4-20-21 (DOCKET NO. 61).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Jordan Elijah Jaussi Represented By
D Justin Harelik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:20-11588

Veronica Kilada

Chapter 13

#12.00

CONT'D Hearing RE: Motion for Order Authorizing Allowance of Chapter 7 Administrative Fees and Expenses by Karen Sue Naylor
(Motion filed 11-23-20)

[Fees: $10,00000, Expenses: $6.80]

FR: 1-28-21; 3-25-21

Docket 73
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant and allow the following on a final basis pursuant to 11 U.S.C. § 507(a)(2): Trustee's Fees: $10,000.00.
Trustee's Expenses: $6.80

MR. CASEY TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information
10:15 AM
CONT...
Debtor(s):

Veronica Kilada

Chapter 13
Veronica Kilada Represented By Onyinye N Anyama
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:15 AM
8:20-11588

Veronica Kilada

Chapter 13

#13.00

CONT'D Hearing RE: First and Final Application for Fees and Reimbursement of Expenses from the period of August 26, 2020 through October 19, 2020
(Motion filed 11-24-20)

[RE: The Law Office of Thomas H. Casey - Attorney for Former Ch. 7 Trustee]
[Fees: $23,430.50; Expenses $655.68]

FR: 1-28-21; 3-25-21

Docket 75
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant and allow on a final basis:

Attorney's fees: $23,430.50 Attorney's costs: $655.68

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information
10:15 AM
CONT...
Debtor(s):

Veronica Kilada

Chapter 13
Veronica Kilada Represented By Onyinye N Anyama
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se

Thursday, April 29, 2021 Hearing Room 6D

10:15 AM
8:20-13088

Kelly Lee Reeves

Chapter 13

#14.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 2-3-21)
(Set per notice and opposition filed 2-8-21)

Docket 21
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 4-15-21 (DOCKET NO. 28).
Tentative Ruling:
NONE LISTED -

Party Information

Debtor(s):

Kelly Lee Reeves Represented By

James D. Hornbuckle

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

Thursday, April 29, 2021 Hearing Room 6C

10:15 AM

8:21-10311

Timothy Lyon

Chapter 13

#15.00

Hearing RE: Motion of United States Trustee to Determine Whether Compensation Paid to Counsel was Excessive under 11 U.S.C. Section 329 and

F.R.B.P. 2017 and to Order Counsel to File a 2016(b) Statement (Motion filed 3-11-21)

Docket 19

*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED 4-20-21 (DOCKET NO. 26).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Timothy Lyon Represented By Sarah E Shapero

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:18-14679

Virginia Ann Von Schaefer

Chapter 13

#1.00

Motion for relief from stay [Real Property] CIVIC HOLDINGS V-C Trust vs DEBTOR

(Motion filed 4-14-21)

[RE: 30394 Via Estoril, Laguna Niguel, CA 92677] [Tele. appr., Jay K. Chien., repr., Chapter 13 Trustee]

[Tele. appr., Reily D. Wilkinson., repr., Civic holdings V-C Trust, Creditor]

Docket 61

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

9:00 AM

CONT...

Virginia Ann Von Schaefer

Chapter 13

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Virginia Ann Von Schaefer Represented By Omero Banuelos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

#2.00

CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]

Fady Kilada vs DEBTOR (Motion filed 10-29-20)

[RE: Case Name: Kilada v Kilada] [Docket Number: 19STFL00877]

[Pending In: Los Angeles Superior Court - Stanley Mosk]

FR: 11-30-20; 1-25-21; 2-22-21; 4-12-21

[Tele. appr., Arash Shirdel., repr., Kilada, Defendant]

Docket 55

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the Motion as moot in view of global settlement.

Party Information

9:00 AM

CONT...

Debtor(s):

Veronica Kilada

Chapter 13

Veronica Kilada Represented By Onyinye N Anyama

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-11795

Byron York Priestley

Chapter 7

#3.00

Motion for relief from stay [Real Property]

Creditor 20 CAP FUND I, LLC vs DEBTOR (Motion filed 4-5-21)

[RE: 22442 Rippling Brook, Lake Forest, CA 92630]

[Tele. appr., Michael W. Stoltzman Jr., repr., FCI Lender Services Inc and 20 Cap Fund I, Creditor]

Docket 116

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Movant has failed to make a sufficient showing that the bankruptcy estate lacks equity in the subject property or that Movant is not adequately protected.

The Court will deny the Motion without prejudice and grant Debtor's request for judicial notice. No renewed motion for relief from stay shall be filed prior to September 15, 2021.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Byron York Priestley

Party Information

Chapter 7

Byron York Priestley Represented By Anerio V Altman

Trustee(s):

Richard A Marshack (TR) Represented By

Misty A Perry Isaacson

9:00 AM

8:21-10043

Dale Allen Funkhouser and Liduvina Villaluz Funkhouser

Chapter 7

#4.00

Motion for relief from stay [Personal Property]

Bank of America, N.A. vs DEBTOR (Motion filed 4-6-21)

[RE: N 2019 Airstream 19 Interstat - VIN No.: WDAFE7CD8JP638608]

Docket 16

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Dale Allen Funkhouser and Liduvina Villaluz Funkhouser

Party Information

Chapter 7

Dale Allen Funkhouser Represented By Christopher J Langley

Joint Debtor(s):

Liduvina Villaluz Funkhouser Represented By Christopher J Langley

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:21-10792

Jeffery Scott Stapleton

Chapter 7

#5.00

Motion for relief from stay [Personal Property]

Fifth Third Bank, N.A. vs DEBTOR (Motion filed 4-15-21)

[RE: 2011 Dodge Challenger - VIN No.: 2B3CJ4DG2BH570025]

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Jeffery Scott Stapleton

Party Information

Chapter 7

Jeffery Scott Stapleton Represented By

D Justin Harelik

Trustee(s):

Karen S Naylor (TR) Pro Se

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

#6.00

Motion for relief from stay [Action In Non-Bankruptcy Forum]

Vitamins Online, Inc. vs DEBTOR (Motion filed 4-9-21)

[RE: Case Name: Vitamins Online, Inc. v. Heartwise, Inc. d/b/a NatureWise] [Docket Number: 2:13-CV-00982-DAK]

[Pending In: U.S. District Court for the District of Utah]

[Tele. appr., Anthony R. Bisconti., repr., Robinson Pharma, Creditor] [Tele. appr., Ronald A. Clifford., repr., Debtor]

[Tele. appr., Kathleen P. March., repr., Vitamins Online, Creditor]

Docket 163

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

There is a possibility the Parties may reach agreement in the amount of attorney's fees to be awarded under the District Court judgment - Debtor has not objected to Movant's proof of claim.

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

Debtor also seeks to confirm a 100% plan. If Movant is paid in full under the plan, this matter may never come into controversy.

Accordingly, the Motion is denied without prejudice. No renewed motion shall be filed prior to August 31, 2021.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

9:00 AM

8:19-12715

Andrea Mythanh Le

Chapter 7

#7.00

Motion for relief from stay [Real Property]

Wells Fargo Bank, N.A. vs DEBTOR (Motion filed 4-5-21)

[RE: 13192 Rolling Hills Lane, Victorville, California 92395]

[Tele. appr., Josephine E. Salmon., repr., Wells Fargo Bank, N.A., Creditor]

Docket 98

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO JUNE 14, 2021 AT 9:00 AM ENTERED ON 4-19-21 (DOCKET NO. 104).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Mythanh Le Represented By Christopher J Langley

Trustee(s):

Karen S Naylor (TR) Represented By Nathan F Smith Arturo M Cisneros

2:00 PM

8:19-14527

Anthony Afshin Kashani

Chapter 7

#1.00

Hearing RE: Debtor's Omibus Objection to Claims filed by Jeffrey and Patti Lewis

(Motion filed 3-15-21)

(Set Per Notice and Opposition filed 4-9-21)

Claim No. 5	$80,001.16
Claim No. 6	$250,000.00
Claim No. 7	$36,929.95

[Tele. appr., Roye Zur, repr., Chapter 7 Trustee]

Docket 70

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Per the Lewises' concession, Claim No. 5 is reduced to $76,139.65 and the balance of that amount is disalllowed. The Amended Claim supersedes the original Claim No. 5 and is allowed in the amount of $76,139.65.

The failure of the Lewises to record their ownership interest does not invalidate the

2:00 PM

CONT...

Anthony Afshin Kashani

Chapter 7

conveyance as against Debtor.

As to Debtor's remaining arguments, the Court holds that Debtor has not made a sufficient showing so as to overcome the presumption of validity of the Lewises' proofs of claim. Debtor's arguments in the objection are unsupported by any admissible evidence because Debtor did not file a declaration under penalty of perjury.

THE LEWISES TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Anthony Afshin Kashani Represented By Mirsaied Kashani

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur

2:00 PM

8:20-10152

Craig M. Schmidt and Sukanya Schmidt

Chapter 7

#2.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 3/26/2021)

[RE: Karen Sue Naylor, Chapter 7 Trustee] [Fees: $6,000.00; Expenses: $477.40]

[RE: Malcolm Cisneros - Attorney for Trustee] [Fees: $11,267.50; Expenses: $60.06]

[RE: Hanh Fife & Company - Accountant For Trustee] [Fees: $1,000.00; Expenses: $0.00]

[Tele. appr., Karen S. Naylor, repr., Chapter 7 Trustee]

Docket 56

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Craig M. Schmidt and Sukanya Schmidt

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of $6,000.00 and expenses in the amount of $477.40.

The compensation is approved as to Trustee's attorney Malcolm Cisneros, with fees in the amount of $11,267.50 and expenses in the amount of $60.06.

The compensation is approved as to Trustee's accountant Hahn Fife & Co., with fees in the amount of $1,000.00 and expenses in the amount of $0.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Craig M. Schmidt Represented By Keith Q Nguyen

Joint Debtor(s):

Sukanya Schmidt Represented By Keith Q Nguyen

Trustee(s):

Karen S Naylor (TR) Represented By Nathan F Smith Arturo M Cisneros

2:00 PM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#3.00

CONT'D Hearing RE: Motion for Order:

Dismissing Debtor's Bankruptcy Case for Lack of Jurisdiction;
Dismissing Debtor's Bankruptcy Case for Cause Pursuant to Bankruptcy Code § 1112(b);
Abstaining from Debtor's Bankruptcy Case Pursuant to Bankruptcy Code § 305; or Alternatively;
Exercising Mandatory or Permissive Abstention Under 28 USC § 1334(c) Over the Question of Whether Debtor's Case Was Properly Authorized to be Filed Under the Applicable Corporate Law;
Awarding Sanctions for Violation of Bankruptcy Rule 9011 (Motion filed 4-5-21)

FR: 4-26-21

[Tele. appr., Marc C. Forsythe, repr., Khalid Bin Jabor Al Thani, Shareholder]

[Tele. appr., Jeffrey I. Golden, repr., Debtor] [Tele. appr., Michael Hauser, repr., U.S. Trustee]

[Tele. appr., Sonja Hourany, repr., Debtor - Listen Only]

[Tele. appr., Charity J. Manee, repr., Khalid Bin Jabor Al Thani, Shareholder]

Docket 24

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall.

2:00 PM

CONT...

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

This case essentially is a battle between two groups of warring shareholders for control of the chapter 11 debtor Global Biosciences Corp., a Delaware corporation ("Debtor"). Actions are currently pending in the Delaware Chancery Court and Orange County Superior Court relating to such matters.

Khalid Bin Jabor Al Thani and Trivalley Trading & Contracting, WLL (the "Khalid Parties") have filed a Motion for Order for Dismissal, Abstention and Sanctions (the "Motion"). Debtor opposes such Motion.

Corporate governance matters are best left to state courts. The Court notes in this regard that the Debtor is a Delaware corporation and that the Delaware Chancery Court is a renowned court with very deep experience in corporate governance matters, especially those involving Delaware corporations such as Debtor.

Regarding the Tucson factors, the Court finds that state law issues predominate over bankruptcy issues, there are already related proceedings in State of California Superior Court and State of Delaware Chancery Court relating to the dispute between the warring shareholders, that there is a presence of non-debtor parties in such proceedings, that forum shopping is likely present here and that the remaining issues under Tucson are neutral with the possible exception of a right to a jury trial (chancery courts are typically courts of equity where no jury trial right exists, but the Court is uncertain on this point).

Therefore, the Court grants the Motion in part and will abstain (in favor of the

2:00 PM

CONT...

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

Delaware Chancery Court and the Orange County Superior Court) from hearing the disputes involved in those actions. The balance of the Motion is denied without prejudice.

At this stage, it would appear to be improper for this Court to take sides and place (or leave) one of the warring shareholder groups in control of Debtor. Therefore, the Court will set a hearing for June 9, 2021 at 2:00 p.m. and will order the parties to show cause why this Court should or should not direct the Office of the United States Trustee to appoint a chapter 11 trustee pursuant to 11 U.S.C. § 1104(a), such trustee to remain incumbent until such time as the state courts resolve issues concerning control of the Debtor. Any party wishing to make its voice heard regarding this matter may file a brief on or before May 21, 2021 and may file a reply to a brief filed by any other party on or before May 28, 2021.

All parties’ requests for judicial notice are granted. The Court will rule on evidentiary objections at the hearing.

The Khalid Parties shall lodge an order covering the partial granting of the Motion and the Order to Show Cause referred to above.

Party Information

Debtor(s):

Global Discovery Biosciences Represented By Jeffrey I Golden Beth Gaschen Sonja Hourany

Trustee(s):

Mark M Sharf (TR) Pro Se

2:00 PM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#4.00

Hearing RE: Motion to Strike and Evidentiary Objections to Declaration of Eric Landau in Support of Opposition to Motion for Order (1) Dismissing Debtors Bankruptcy Case for Lack of Jurisdiction; (2) Dismissing Debtors Bankruptcy Case for Cause Pursuant to Bankruptcy Code § 1112(b); (3) Abstaining from Debtors Bankruptcy Case Pursuant to Bankruptcy Code § 3055; or Alternatively.

(4) Exercising Mandatory or Permissive Abstention Under 28 U.S.C. § 1334(c) over the Question of Whether Debtors Case was Properly Authorized to be Filed Under the Applicable Corporate Law And (5) Awarding Sanctions for Violation of Bankruptcy Rule 9011

(Motion filed 4-19-21)

[Tele. appr., Marc C. Forsythe, repr., Khalid Bin Jabor Al Thani, Shareholder]

[Tele. appr., Jeffrey I. Golden, repr., Debtor] [Tele. appr., Michael Hauser, repr., U.S. Trustee]

[Tele. appr., Sonja Hourany, repr., Debtor - Listen Only]

[Tele. appr., Charity J. Manee, repr., Khalid Bin Jabor Al Thani, Shareholder]

Docket 46

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are

2:00 PM

CONT...

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant in part, and deny in part. ORDER IS REFLECTED ON THE RECORD.

Party Information

Debtor(s):

Global Discovery Biosciences Represented By Jeffrey I Golden Beth Gaschen Sonja Hourany

Trustee(s):

Mark M Sharf (TR) Pro Se

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#5.00

Hearing RE: Chapter 7 Trustee's Motion to Extend the Time to File a Section 727 Complaint Pursuant to FRBP 4004(b)

(Motion filed 4-16-21)

[Tele. appr., Thomas H. Casey, repr., Chapter 7 Trustee]

[Tele. appr., Kerry Moynihan, repr., Thomas H. Casey, Trustee]

Docket 89

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant and extend the deadline to an including October 15, 2021. The alternative to granting the Motion is to deny it, and such action would compel the Trustee to prematurely file a complaint while a matter is still under investigation. The avoidance of possibly unnecessary litigation constitutes good cause to extend the deadline.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#6.00

CONT'D Hearing RE: Debtor's Motion to Convert Case to Chapter 11 Under 11

U.S.C. Section 706(a) or 1112(a) (Motion filed 2-17-21) (Opposition filed 2-22-21)

(Set per Notice filed 2-26-21) FR: 3-15-21; 4-26-21

Docket 21

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court determines that it will need an evidentiary hearing to resolve Debtor's motion to convert to chapter 11. At the present time, such hearings cannot be held due to the Courthouse's closure and the pandemic.

Pursuant to FRBP 9014, the Court opens discovery with respect to the Motion. Discovery closes July 31, 2021.

A status conference is set for August 30, 2021 at 2:00 p.m. The Court will not entertain any motion to sell any estate property through and including August 30, 2021.

2:00 PM

CONT...

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

Any party who wishes to file an additional brief based upon the results of discovery may do so on or before August 6, 2021. A reply may be filed on or before August 13, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#7.00

CONT'D Hearing RE: Application of the Chapter 7 Trustee to Employ Counsel (Law Office of Thomas H. Casey, Inc., a Professional Corporation) Effective February 21, 2021

(Motion filed 2-25-21)

(Set per notice filed 3-19-21) FR: 4-26-21

Docket 30

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the application. The Court is pursuaded by the Trustee's arguments regarding the need for counsel and the application of the Butler factors.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

2:00 PM

CONT...

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#8.00

CONT'D Hearing RE: Chapter 7 Trustee's Motion for Order Authorizing Abandonment of the Estate's Interest in Litigation with the Irvine Company (Motion filed 4/2/21)

FR: 4-26-21

Docket 63

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By

2:00 PM

CONT...

Trustee(s):

Ardeshir Farokhirad and Fariba Farokhirad

Anerio V Altman

Chapter 7

Thomas H Casey (TR) Represented By Thomas H Casey

9:00 AM

6:14-18824

Maria Elena Rodriguez

Chapter 7

Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons

#1.00

CONT. Hrg. on Defendant's Motion filed 10/24/19 for Summary Judgment or, in the Alternative, Partial Summary Adjudication

From: 5/11/21

Docket 28

*** VACATED *** REASON: CONTINUED TO 6/8/21 BY ORDER ENTERED 3/29/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Elena Rodriguez Represented By

Michael H Colmenares John P Kreis

Defendant(s):

Larry D Simons Represented By Daniel A Lev

Movant(s):

Larry D Simons Represented By Daniel A Lev

Plaintiff(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

Timothy McDonald Represented By Howard Steinberg

9:00 AM

CONT...

Trustee(s):

Maria Elena Rodriguez

Chapter 7

Larry D Simons (TR) Represented By

C John M Melissinos Daniel A Lev

9:00 AM

6:14-18824

Maria Elena Rodriguez

Chapter 7

Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons

#2.00

CONT. Hrg. on Plaintiffs' Motion for Summary Judgment, or, In the Alternative, Summary Adjudication of Issues, Against Defendant Larry D. Simons, Chapter 7 Trustee

From: 5/11/19

Docket 34

*** VACATED *** REASON: CONTINUED TO 6/8/21 BY ORDER ENTERED 3/29/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Elena Rodriguez Represented By

Michael H Colmenares John P Kreis

Defendant(s):

Larry D Simons Represented By Daniel A Lev

Movant(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

Timothy McDonald Represented By Howard Steinberg

Plaintiff(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

9:00 AM

CONT...

Maria Elena Rodriguez

Chapter 7

Timothy McDonald Represented By Howard Steinberg

Trustee(s):

Larry D Simons (TR) Represented By

C John M Melissinos Daniel A Lev

9:00 AM

6:17-20442

Timothy David Murphy

Chapter 7

#3.00

Law Offices of Larry Webb - movant attorney Motion for Relief from Stay

Mark M. Murphy Trustee of the Robert H. Murphy Trust

Re: ACTION IN NON-BANKRUPTCY FORUM RE: Action in Nonbankruptcy Forum related to the Robert H. Murphy Trust Dated 09/30/1991.

Docket 170

*** VACATED *** REASON: CONTINUED TO 7/12/21 BY ORDER ENTERED 5/4/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles

Movant(s):

Mark M Murphy Represented By Larry D Webb

Trustee(s):

Lynda T. Bui (TR) Represented By

Michelle A Marchisotto John Paul Parks

9:00 AM

6:17-20442

Timothy David Murphy

Chapter 7

#4.00

Law Offices of Larry Webb - movant attorney Motion for Relief from Stay

Mark M. Murphy Trustee of the Shirley S. Murphy Trust

Re: ACTION IN NON-BANKRUPTCY FORUM RE: Action in Nonbankruptcy Forum related to the Shirley Soffell Murphy Trust dated 09/30/1991.

Docket 171

*** VACATED *** REASON: CONTINUED TO 7/12/21 BY ORDER ENTERED 5/4/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles

Movant(s):

Mark M Murphy Represented By Larry D Webb

Trustee(s):

Lynda T. Bui (TR) Represented By

Michelle A Marchisotto John Paul Parks

9:00 AM

6:19-18367

Affordable Auto Repair, Inc.

Chapter 11

Adv#: 6:21-01027 QuarterSpot, Inc. et al v. Blickhan

#5.00

Hrg. on Motion filed 4/9/21 to Dismiss Counterclaims filed by QuarterSpot, Inc.

Docket 18

*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF MOTION FILED 5/3/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd

Defendant(s):

Douglas Blickhan Represented By Michael Jones

Movant(s):

QuarterSpot, Inc. Represented By Robert J Im

Plaintiff(s):

QuarterSpot, Inc. Represented By Robert J Im

9:00 AM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#6.00

Scheer Law Group - movant attorney CONT. Motion for Relief from Stay

Luigi Sassone Revocable Trust dated January 9, 2006 vs. DEBTOR (Motion filed 2/5/21)

RE: 13993-13995-13997-14027 Foothill Bl, Fontana, CA 92335

From: 3/9/21,4/13/21

Docket 94

*** VACATED *** REASON: ORDER DISMISSING RELIEF FROM STAY 5/4/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Absolute Care Assisted Living & Represented By

Robert S Altagen

Movant(s):

Luigi Sassone Revocable Trust dated Represented By

Reilly D Wilkinson

2:00 PM

6:14-18824

Maria Elena Rodriguez

Chapter 7

Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons

#1.00

CONT PRE-TRIAL CONFERENCE re: Complaint by Ford Walker Haggerty & Behar, LLP, Timothy McDonald against Larry D Simons. priority or extent of lien or other interest in property)),(91 (Declaratory judgment))

(Cont. from 10/22/20)

Docket 1

*** VACATED *** REASON: CONTINUED TO 8/4/21 BY ORDER ENTERED 1/26/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Elena Rodriguez Represented By

Michael H Colmenares John P Kreis

Defendant(s):

Larry D Simons Represented By Daniel A Lev

Plaintiff(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

Timothy McDonald Represented By Howard Steinberg

Trustee(s):

Larry D Simons (TR) Represented By

2:00 PM

CONT...

Maria Elena Rodriguez

C John M Melissinos Daniel A Lev

Chapter 7

2:00 PM

6:14-25405

Robert Perez and Stella G Perez

Chapter 7

#2.00

Hrg. on Trustee's Final Report and Applications for Compensation

Docket 29

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of $1,884.44 and expenses in the amount of $12.50.

2:00 PM

CONT...

Robert Perez and Stella G Perez

Chapter 7

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Robert Perez Represented By

Alexander Pham

Joint Debtor(s):

Stella G Perez Represented By Alexander Pham

Trustee(s):

Larry D Simons (TR) Pro Se

2:00 PM

6:17-15972

Enriquez Q Amezcua

Chapter 7

#3.00

Hrg. on Trustee's Final Report and Applications for Compensation

[John Pringle, chapter 7 trustee] [Fees; $37,400.00; Expenses; $622.69)

[Roquemore, Pringle & Moore, Inc., attorneys for trustee] [Fees; $85,665.00; Expenses; $7151.40; Expenses; $279.20]

[Hahn Fife & Co. LLP, accountant for trustee] [Fees; $2156.00]

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

2:00 PM

CONT...

Enriquez Q Amezcua

Chapter 7

secured claims. 11 U.S.C. § 326(a).

The compensation is approved as to the Trustee, with fees in the amount of

$37,400.00 and expenses in the amount of $622.69.

The compensation is approved as to Roquemore, Pringle & Moore, Inc., with fees in the amount of $85,665.00 and expenses in the amount of $3,417.71.

The compensation is approved as to Hahn Fife & Co., with fees in the amount of

$2,156.00 and expenses in the amount of $279.20.

The Court confirms as final all interim fees paid to real estate professionals. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Enriquez Q Amezcua Pro Se

Trustee(s):

John P Pringle (TR) Represented By

Michelle A Marchisotto

2:00 PM

6:19-19468

Greg Marshall Gleicke and Brenda Louise Gleicke

Chapter 7

#4.00

Hrg. on Trustee's Final Report and Applications for Compensation

[Howard Grobstein, chapter 7 trustee] [Fees; $2550.00; Expenses $0]

[Grobstein Teeple LLP; accountant for trustee] [Fees; $2086.00; Expenses; $37.60]

[Zamora & Hoffmeier, attorneys for trustee] [Fees; $8140.00; Expenses; $670.00]

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Greg Marshall Gleicke and Brenda Louise Gleicke

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of $2,550.00 and expenses in the amount of $0.00.

The compensation is approved as to Grobstein Teeple LLP, with fees in the amount of

$2,080.00 and expenses in the amount of $37.60.

The compensation is approved as to Zamora & Hoffmeier, with fees in the amount of

$8,140.00 and expenses in the amount of $670.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Greg Marshall Gleicke Represented By David Philipson

Joint Debtor(s):

Brenda Louise Gleicke Represented By David Philipson

Trustee(s):

Howard B Grobstein (TR) Represented By Nancy H Zamora

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01081 Golden v. Tesla Finance, LLC et al

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers

(Complaint filed 5/14/20) FR: 8-12-20; 2-10-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will issue the following scheduling order:

All discovery shall close on October 31, 2021.

All discovery motions shall be heard before November 30, 2021.

All pretrial motions (except motions in limine) shall be heard before January 15, 2022.

9:00 AM

CONT...

US Direct LLC

Chapter 7

Pretrial conference is set for Feburary 9, 2022 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Tesla Finance, LLC Pro Se

Tesla, Inc. Pro Se

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-14527

Anthony Afshin Kashani

Chapter 7

Adv#: 8:20-01030 Golden, Chapter 7 Trustee v. Lewis et al

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

Avoidance Of Unrecorded Interest In Property Of The Estate Pursuant To 11 U.S.C. Section 544(a)(3);
Recovery Of Avoided Unrecorded Interest Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Unrecorded Interest Pursuant To 11 U.S.C.
Section 551; And
Declaratory Relief (Complaint filed 3/18/2020)

FR: 7-8-20; 7-15-20; 2-10-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court continues the status conference to July 14, 2021 at 9:00 a.m. to permit settlment discussions to continue. An updated status report is due June 30, 2021.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

Anthony Afshin Kashani

Party Information

Chapter 7

Anthony Afshin Kashani Represented By Mirsaied Kashani

Defendant(s):

Jeff Lewis Represented By

Craig J Beauchamp

Patti Lewis Represented By

Craig J Beauchamp

Plaintiff(s):

Jeffrey I. Golden, Chapter 7 Trustee Represented By

Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur

9:00 AM

8:21-10026

Ardeshir Farokhirad

Chapter 7

Adv#: 8:21-01009 Carrillo v. Farokhirad et al

#3.00

STATUS CONFERENCE Hearing RE: Adversary Complaint To:

Determine Non-Dischargeability of Debt Pursuant to 11 U.S.C. Section 523(a) (6)
Objection to Discharge Pursuant to 11 U.S.C. Section 727(a)(2)(A) (Complaint filed 2-12-21)

Docket 1
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to September 15, 2021 at 9:00 a.m. for the Court and the Parties to obtain greater visibility on the conversion motion. An updated status report is due September 1, 2021.

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Ardeshir Farokhirad Represented By Anerio V Altman
9:00 AM
CONT...

Ardeshir Farokhirad

Chapter 7
Defendant(s):
Ardishir Farokhirad Pro Se
Fariba Farokhirad Pro Se
Joint Debtor(s):
Fariba Farokhirad Represented By Anerio V Altman
Plaintiff(s):
Ramon Carrillo Represented By Stephen A Madoni
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:18-11997

QDOS, Inc

Chapter 11

#4.00

Hearing RE: Motion re Joinder In Involuntary Petition filed by Dawn US Holdings LLC dba Evoque Data Center Solutions
(Motion filed 4-7-21)

Docket 179
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO WITHDRAW THE MOTION AND VACATE HEARING ENTERED ON 5-6-21 (DOCKET NO. 223).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola Timothy R Laquer
9:00 AM
8:18-11997

QDOS, Inc

Chapter 11

#5.00

Hearing RE: Motion Re Joinder (Maddox) (Motion filed 4-7-21)

Docket 183
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the motion with prejudice. That Mr. Maddox is not a qualifying petitioning creditor is the law of the case. Additionally, the Court agrees with the other arguments made by QDOS in its opposition.

QDOS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola Timothy R Laquer
9:00 AM
8:15-15311

Freedom Communications, Inc.

Chapter 11

#6.00

CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 11/1/15)

FR: 1-13-16; 3-2-16; 4-13-16; 7-27-16; 12-7-16; 4-19-17; 8-30-17; 12-13-17;
4-9-18; 8-1-18; 11-14-18; 4-8-19; 8-12-19; 11-13-19; 4-15-20; 9-9-20; 9-23-20;
3-17-21

Docket 141
*** VACATED *** REASON: OFF CALENDAR - STATUS CONFERENCE TO BE HEARD ON APRIL 28, 2021 AT 2:00 PM.
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado Jeffrey W Dulberg
9:00 AM
8:15-15311

Freedom Communications, Inc.

Chapter 11

#7.00

CONT'D Hearing RE: Approval Of First Amended Disclosure Statement For First Amended Joint Chapter 11 Plan Of Liquidation Proposed By Debtors And Official Committee Of Unsecured Creditors
(D.S. filed 6/4/2020) (OST Entered 6-9-2020)
(Amended D.S. filed 8-20-20)

FR: 7-15-20, 9-9-20, 9-23-20; 3-17-21

Docket 1696
*** VACATED *** REASON: OFF CALENDAR - DISCLOSURE STATEMENT HEARING TO BE HEARD ON APRIL 28, 2021 AT 2:00 PM.
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado Jeffrey W Dulberg
10:00 AM
8:21-10081

Lisa Danielle Collins

Chapter 7

#1.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial
(Reaffirmation filed 3-31-21)

[RE: 2020 Nissan Altima - Amount: $23,616.19] [VIN No.: 1N4BL4CVXLN302858]

Docket 11
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Lisa Danielle Collins Pro Se
10:00 AM
CONT...
Trustee(s):

Lisa Danielle Collins

Chapter 7
Richard A Marshack (TR) Pro Se
10:00 AM
8:21-10158

Mark Tolentino Dayao and Angiephine De Jesus Dayao

Chapter 7

#2.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and TD Auto Finance LLC
(Reaffirmation filed 3-22-21)

[RE: 2015 Mitsubishi Outlander - Amount: $16,389.41] [VIN No.: 4A4AP4AU4FE044726]

Docket 13
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Mark Tolentino Dayao Represented By Nicholas W Gebelt
10:00 AM
CONT...

Mark Tolentino Dayao and Angiephine De Jesus Dayao

Chapter 7
Joint Debtor(s):
Angiephine De Jesus Dayao Represented By Nicholas W Gebelt
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
8:21-10195

James Peters, III and Brandi Peters

Chapter 7

#3.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union
(Reaffirmation filed 4-8-21)

[RE: 2016 Chevrolet Impala - Amount: $7,359.10] [VIN No.: 2G1WB5E3XG1103969]

Docket 16
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is approved if (1) the vehicle is insured, (2) Debtors' are current on the loan, and (3) Debtors are comfortable with a reaffirmation and believe they can make all the remaining payments on the loan.

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
James Peters III Represented By Bert Briones
10:00 AM
CONT...

James Peters, III and Brandi Peters

Chapter 7
Joint Debtor(s):
Brandi Peters Represented By
Bert Briones
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
8:21-10195

James Peters, III and Brandi Peters

Chapter 7

#4.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union
(Reaffirmation filed 4-8-21)

[RE: 2012 Fiat 500 - Amount: $5,463.76] [VIN No.: 3C3FFBR2CT211481]

Docket 17
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
James Peters III Represented By Bert Briones
10:00 AM
CONT...

James Peters, III and Brandi Peters

Chapter 7
Joint Debtor(s):
Brandi Peters Represented By
Bert Briones
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
8:21-10263

Oscar Moncada

Chapter 7

#5.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Daniels Home Center
(Reaffirmation filed 3-26-21)

[RE: Furniture - Amount: $1,108.18]

Docket 11
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Oscar Moncada Represented By
Michael H Colmenares
10:00 AM
CONT...
Trustee(s):

Oscar Moncada

Chapter 7
Richard A Marshack (TR) Pro Se
10:00 AM
8:21-10356

Eunice Young Han

Chapter 7

#6.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Hyundai Motor Finance
(Reaffirmation filed 4-14-21)

[RE: 2017 Hyundai Elantra - Amount: $7,439.94] [VIN No.: 5NPD84LF8HH019475]

Docket 17
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Eunice Young Han Represented By Ji Yoon Kim
10:00 AM
CONT...
Trustee(s):

Eunice Young Han

Chapter 7
Weneta M.A. Kosmala (TR) Pro Se
10:00 AM
8:21-10356

Eunice Young Han

Chapter 7

#7.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Hyundai Motor Finance
(Reaffirmation filed 4-14-21)

[RE: 2017 Hyundai Elantra - Amount: $7,439.94] [VIN No.: 5NPD84LF4HH017819]

Docket 18
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Eunice Young Han Represented By Ji Yoon Kim
10:00 AM
CONT...
Trustee(s):

Eunice Young Han

Chapter 7
Weneta M.A. Kosmala (TR) Pro Se
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#1.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 12-4-20)

FR: 2-10-21, 4-7-21

Docket 1
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In view of the filing of the First Amended Plan, the Court will continue this hearing to July 21, 2021 at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Heartwise, Inc. Represented By RONALD CLIFFORD
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#2.00

CONT'D Hearing RE: Amended Motion of Robinson Pharma, Inc. for an Order Granting: (i) Allowance and Payment of Administrative Expense Claims Pursuant to 11 U.S.C. 503(b)(9) and (ii) Setoff Against Deposit
(Motion filed 2-15-21)

FR: 3-8-21; 3-24-21; 4-7-21

Docket 76
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In view of the filing of the First Amended Plan, the Court will continue this hearing to July 21, 2021 at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Heartwise, Inc. Represented By Ronald Clifford
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#3.00

CONT'D Hearing RE: Motion to Appoint a Chapter 11 Trustee (Motion filed 2-11-21)

FR: 3-8-21; 3-24-21; 4-7-21

Docket 67
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In view of the filing of the First Amended Plan, the Court will continue this hearing to July 21, 2021 at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Heartwise, Inc. Represented By Ronald Clifford
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#4.00

Hearing RE: First Amended Disclosure Statement Describing Heartwise, Inc's First Amended Chapter 11 Plan of Reorganization
(D.S. and Plan filed 3-20-21) (Amended D.S. and Plan filed 5-5-21)

Docket 202
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Parties in interest should have an opportunity to evaluate and, if they deem it appropriate, to object to the First Amended Plan and First Amended Disclosure Statement. Therefore, the Court continues the disclosure statement hearing to July 21, 2021 at 2:00 p.m. Settlement negotiations may continue in the interim. Objections to the First Amended Disclosure Statement are due June 25, 2021. Replies to objections are due July 9, 2021.

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Heartwise, Inc. Represented By
2:00 PM
CONT...

Heartwise, Inc.

Ronald Clifford

Chapter 11
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#5.00

Hearing RE: Evidentiary Objection and Motion to Strike, of Judgment Creditor Vitamins Online, Inc., to Attachments to Heartwise, Inc.'s Response to Further Briefing Filed 5-5-21 RE: Appointment of Chapter 11 Trustee, Because Those Attachments Are Not Authenticate
(Objection and Motion filed 5-6-21)

Docket 208
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In view of the filing of the First Amended Plan, the Court will continue this hearing to July 21, 2021 at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Heartwise, Inc. Represented By RONALD CLIFFORD
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#6.00

Hearing RE: Objection of Judgment Creditor Vitamins Online, Inc. to Heartwise, Inc.'s Amended Disclosure Statement (with Amended Plan) Being Heard on 5/12/21, Because That is Untimely; CD CA LBR 3017-1(a) and (b) Require a Disclosure Statement Be Filed 42 Days Before Hearing Date, and That Parties Wishing to File Objections Have Until 14 Days Before Hearing to File Objections (Objection filed 5-6-21)

Docket 207
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

In view of the filing of the First Amended Plan, the Court will continue this hearing to July 21, 2021 at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information
Debtor(s):
Heartwise, Inc. Represented By RONALD CLIFFORD
9:00 AM
8:20-12046

Michelle De La Cruz

Chapter 13

#1.00

Motion for relief from stay [Real Property]

Vipinchandra D. Vadecha and Jyoti V. Vadecha Living Trust dtd 11-7-1990 vs DEBTOR
(Motion filed 4-21-21)

[RE: 16516 Elm Circle, Fountain Valley, CA 92708]

Docket 42
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...

Debtor(s):

Michelle De La Cruz

Party Information

Chapter 13
Michelle De La Cruz Represented By Nima S Vokshori
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-13904

Kathy D Gorski and Michael A Gorski

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/4/19)

FR: 1-22-20; 5-13-20; 5-18-20; 9-16-20; 9-23-20; 1-27-21

Docket 15
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.

Next status conference: September 29, 2021 at 9:00 a.m. An updated status report is due September 15, 2021.

COURT TO PREPARE ORDER.

Party Information
9:00 AM
CONT...
Debtor(s):

Kathy D Gorski and Michael A Gorski

Chapter 11
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
2:00 PM
8:17-10842

Richard Ernest Caselli

Chapter 7

#1.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 4-12-2021)

[RE: Jeffrey I. Golden, Chapter 7 Trustee] [Fees: $7,000.00; Expenses: $213.13]

[RE: Margulies Faith, LLP - Attorney For Trustee] [Fees: $55,740.50; Expenses: $1,189.26]

[RE: Hahn Fifie & Company - Accountant For Trustee] [Fees: $2,014.00; Expenses: $283.00]

[RE: The Orantes Law Firm, P.C. - Attorney for D-I-P] [Fees: $43,792.38; Expenses: $2,983.66]

[RE: U.S. Trustee] [Quarterly Fees: 650.00]

Docket 305
Tentative Ruling:
In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.
2:00 PM
CONT...
Richard Ernest Caselli
Chapter 7
TELEPHONIC APPEARANCES REQUIRED.

In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).

The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.

The compensation is approved as to the Trustee, with fees in the amount of $6,000.00 and expenses in the amount of $1,000.00.

The compensation is approved as to Trustee's Attorney Marguilies Faith LLP, with fees in the amount of $46,792.38 and expenses in the amount of $1,159.26.

The compensation is approved as to Trustee's Accountant Hahn Fife & Co., LLP, with fees in the amount of $2,014.00 and expenses in the amount of $283.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information
Debtor(s):
Richard Ernest Caselli Represented By Giovanni Orantes Luis A Solorzano
Trustee(s):
Jeffrey I Golden (TR) Represented By Meghann A Triplett Noreen A Madoyan
2:00 PM
CONT...

Richard Ernest Caselli

Chapter 7
2:00 PM
6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#1.00

Motion for Leave to Appeal Interlocutory Order

[Order Approving Joint Disclosure Statement] Docket No. 615 (Placed on calenar by order entered 5/7/21)

Docket 626
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES REQUIRED.

This Court previously entered an order approving a disclosure statement filed by joint proponents Terry Lee Fleming, Jr. and Havasu Landing, LLC (the "Joint Proponents") and an order disapproving a disclosure statement filed by creditor Havasu Lakeshore Investments, LLC ("HLI") (collectively, the "Disclosure Statement Orders"). HLI then sought an emergency stay of these orders in the United States District Court for the Central District of California (the "District Court"). By order dated April 29, 2021, the District Court denied HLI’s motion for an emergency stay,
2:00 PM
CONT...

Terry Lee Fleming, Sr

Chapter 11
reasoning that HLI had failed to make a sufficient showing that it would have been impractical within the meaning of Federal Rule of Bankruptcy Procedure 8007(b)(2)
1. for HLI to have filed such a motion in this Court.

Although HLI has not moved for an emergency stay in this Court, it has filed motions for leave to appeal the Disclosure Statement Orders (the "Leave to Appeal Motions"). The Joint Proponents oppose the Leave to Appeal Motions.

Federal Rule of Bankruptcy Procedure 8004 provides for a motion for leave to appeal from an interlocutory order, and appears to envision that such a motion is filed in the bankruptcy court and then is transmitted by the clerk of the bankruptcy court to the district court or the BAP having jurisdiction of the underlying appeal.

Rule 8004(b)(2) provides that a person opposing such a motion "may file with the district or BAP clerk a response in opposition [to the motion for leave to appeal] . . ." This suggests by implication that the underlying leave to appeal motion, although filed in the bankruptcy court, is to be heard and determined in the district court or the BAP having jurisdiction over the appeal. Here, the District Court has jurisdiction over the appeal and it would appear to be the District Court not this Court that possesses the jurisdiction to hear and determine the Leave to Appeal Motions. First Alliance Corp. v. First Alliance Mortgage Co. (In re First Alliance Mortgage Co.), 264

B.R. 634, 644 (C.D. Cal. 2001) (Carter, J.) ("An interlocutory ruling by a bankruptcy court is appealable only by leave of the reviewing court"). This argues in favor of this Court denying the Leave to Appeal Motions on the ground of lack of jurisdiction. This Court does so, and denies the Leave to Appeal Motions with prejudice on the ground of lack of jurisdiction. Nevertheless, out of an abundance of caution, and given the shortness of time, this Court will proceed to consider these Leave to Appeal Motions on their own merits in the event this Court is determined to have possessed jurisdiction.

An order approving or disapproving a disclosure statement is not a final order. In re Perez, 30 F.3d 1209, 1216-17 (9th Cir. 1994) (approval); cf. In re Gugliuzza, 852 F.3d

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

884, 892 (9th Cir. 2017) (disapproval). The Ninth Circuit’s "flexible finality" doctrine (under which an interlocutory order could be treated as a final order under certain circumstances) is inapplicable here in light of subsequent Supreme Court of the United States authority that sharply curtails this doctrine. See Bullard v. Blue Hills Bank (In re Bullard), 575 U.S. 496 (2015) (order denying confirmation of a chapter 13 plan is not a final order). A plan is much more consequential and important than a disclosure statement, so it follows that if an order denying confirmation of a plan is not a final order, neither would be an order denying approval of a disclosure statement. An order approving a disclosure statement also fails to fall within the Ninth Circuit’s "flexible finality" standard because any party opposing the disclosure statement’s approval by the bankruptcy court would have an opportunity to challenge a subsequent plan confirmation by arguing on appeal that the court should not have approved the disclosure statement. Because the time period that typically elapses between disclosure statement approval and the plan confirmation hearing is measured in weeks, there are few if any policy reasons why any type of finality, flexible or not, should be accorded to the disclosure statement approval.

HLI also seeks leave to appeal the Disclosure Statement Orders if they are deemed to be interlocutory in nature – which they are, as shown above. The applicable standards for permitting such an appeal are established in Federal Rule of Bankruptcy Procedure 8004 and 28 U.S.C. §§ 158(a)(3), 1292(b). Generally, a party seeking leave of court to proceed with an interlocutory appeal must show that "an immediate appeal from the order may materially advance the ultimate termination of the litigation." 28 U.S.C. § 1292(b). There is no reason to believe that is the case here. The Court will be holding a confirmation hearing with respect to the Joint Proponents’ First Amended Plan on May 18, 2021. If the Court confirms the First Amended Plan, HLI will have an opportunity to take an immediate appeal in which it can argue, if it chooses, that this Court’s order approving the disclosure statement with respect to such plan was incorrectly decided. If the Court declines to approve the Joint Proponents’ Plan, the Court’s previous approval of the disclosure

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

statement would have had no consequence because, in all likelihood, a new disclosure statement would have to be prepared and submitted to the Court for approval.

This Court’s reason for disapproving HLI’s disclosure statement was that HLI’s proposed plan provided for a valuation of certain real property previously conveyed to HLI in partial repayment of its claim that was materially inconsistent with this Court’s previous ruling as to the fair market value of that real property – and thereby violated the law of the case doctrine. HLI’s opposition to the Joint Proponents’ plan raises this very same issue all over again. Thus, the issue will be litigated at the May 18, 2021 confirmation hearing with respect to the Joint Proponents’ plan. If HLI’s opposition is unsuccessful and the plan is confirmed, HLI will have an immediate opportunity to take an appeal from the confirmation order and raise this issue with an appellate court. If this Court denies confirmation of the Joint Proponents’ plan (for reasons other than agreeing with HLI as to the subject property’s fair market value or the amount of the credit against HLI’s claim that should apply by reason of the conveyance to HLI of such property), this Court will permit HLI to re-file its motion for leave to take an interlocutory appeal.

For these reasons, if this Court is held to have possessed jurisdiction over the Leave to Appeal Motions notwithstanding the analysis above, HLI’s motion for leave to take an interlocutory appeal as to this Court’s prior order approving the Joint Proponents’ disclosure statement is DENIED WITH PREJUDICE and its motion for leave to take an interlocutory appeal with respect to this Court’s order disapproving HLI’s disclosure statement is DENIED WITHOUT PREJUDICE.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

2:00 PM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#2.00

Hrg. on Motion for Leave to Appeal Interlocutory Order (Order Disapproving HLI Disclosure Statement Docket 614)

(Placed on calendar by order entered 5/7/21)

Docket 627

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES REQUIRED.

This Court previously entered an order approving a disclosure statement filed by joint proponents Terry Lee Fleming, Jr. and Havasu Landing, LLC (the "Joint Proponents") and an order disapproving a disclosure statement filed by creditor Havasu Lakeshore Investments, LLC ("HLI") (collectively, the "Disclosure Statement Orders"). HLI then sought an emergency stay of these orders in the United States District Court for the Central District of California (the "District Court"). By order dated April 29, 2021, the District Court denied HLI’s motion for an emergency stay, reasoning that HLI had failed to make a sufficient showing that it would have been impractical within the meaning of Federal Rule of Bankruptcy Procedure 8007(b)(2)

(A) for HLI to have filed such a motion in this Court.

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

An order approving or disapproving a disclosure statement is not a final order. In re Perez, 30 F.3d 1209, 1216-17 (9th Cir. 1994) (approval); cf. In re Gugliuzza, 852 F.3d 884, 892 (9th Cir. 2017) (disapproval). The Ninth Circuit’s "flexible finality" doctrine (under which an interlocutory order could be treated as a final order under certain circumstances) is inapplicable here in light of subsequent Supreme Court of the

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

United States authority that sharply curtails this doctrine. See Bullard v. Blue Hills Bank (In re Bullard), 575 U.S. 496 (2015) (order denying confirmation of a chapter 13 plan is not a final order). A plan is much more consequential and important than a disclosure statement, so it follows that if an order denying confirmation of a plan is not a final order, neither would be an order denying approval of a disclosure statement. An order approving a disclosure statement also fails to fall within the Ninth Circuit’s "flexible finality" standard because any party opposing the disclosure statement’s approval by the bankruptcy court would have an opportunity to challenge a subsequent plan confirmation by arguing on appeal that the court should not have approved the disclosure statement. Because the time period that typically elapses between disclosure statement approval and the plan confirmation hearing is measured in weeks, there are few if any policy reasons why any type of finality, flexible or not, should be accorded to the disclosure statement approval.

2:00 PM

CONT...

Terry Lee Fleming, Sr

Chapter 11

approval.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

2:00 PM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#3.00

Hrg. on Confirmation of Chapter 11 Plan

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

No tentative ruling.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

2:00 PM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#4.00

CONT Hrg. on Chapter 11 Status Conference From: 11/3/20,11/19/20,11/24/20,4/20/21

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

9:00 AM

8:18-12541

Scott Lawrence Chappell

Chapter 7

Adv#: 8:19-01194 Casey v. Chappell et al

#1.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: Chapter 7 Trustee's First Amended Complaint For Avoidance Of Transfer And Preservation Of Avoided Lien For The Benefit Of The Estate

[11 U.S.C. Sections 547, 551]

(Complaint filed 9/26/19)

(First Amended Complaint filed 11/6/19) (PTC set at S/C held 1/22/20)

FR: 1-22-20, 8-7-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING ENTERED ON 5-17-21 (DOCKET NO. 37).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Scott Lawrence Chappell Represented By Stephen E Olear

Defendant(s):

William Chappell Represented By Stephen A Madoni

Russell Chappell Represented By Stephen A Madoni

Joint Debtor(s):

Alicia Woolsey Represented By Stephen E Olear

9:00 AM

CONT...

Scott Lawrence Chappell

Chapter 7

Plaintiff(s):

Thomas H. Casey Represented By Thomas H Casey

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

9:00 AM

8:19-11047

Eric Wayne Mydland

Chapter 7

Adv#: 8:19-01128 Tom Lange Company International, Inc. et al v. Mydland

#2.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) And 11 U.S.C. Section 523(a)(2)

(Complaint filed 7/1/2019)

(First Amended Complaint filed 7/31/19) (PTC set at S/C held 9/18/19)

FR: 9-18-19; 6-17-20; 8-19-20; 12-2-20

Docket 6

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE TO SEPTEMBER 1, 2021 AT 9:00 AM ENTERED ON 5-6-21 (DOCKET NO.

28).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eric Wayne Mydland Represented By

Bryant C MacDonald

Defendant(s):

Eric Wayne Mydland Represented By Charity J Manee

Plaintiff(s):

Tom Lange Company International, Represented By

Bart M Botta

Corona-College Heights Orange & Represented By

Bart M Botta

9:00 AM

CONT...

Eric Wayne Mydland

Chapter 7

Classic Harvest, LLC Represented By Bart M Botta

Trustee(s):

Richard A Marshack (TR) Represented By Anerio V Altman

9:00 AM

8:19-12127

Richard J. Kelly

Chapter 7

Adv#: 8:20-01137 Golden v. Eisen

#3.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint:

To Avoid and Recover Fraudulent Transfer Pursuant to 11 U.S.C. §§ 544(b) and 550; and California Civil Code §§ 3439.04(a)(1), 3439.07 and 3439.09
To Avoid and Recover Fraudulent Transfer Pursuant to 11 U.S.C. §§ 544(b)
And 550; And California Civil Code §§ 3439.04(a)(2); 3439.07 And 3439.09
To Preserve Avoided Transfers Pursuant to 11 U.S.C. § 551
For Authorization to Sell Real Property in which Co-owner Holds Interest Pursuant to 11 U.S.C. § 363(h)

(Complaint filed 9-24-20)

FR: 12-16-20; 3-17-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will issue the following scheduling order: All discovery shall close on September 30, 2021.

All discovery motions shall be heard before before October 31, 2021.

9:00 AM

CONT...

Richard J. Kelly

Chapter 7

All pretrial motions (except motions in limine) shall be heard before November 30, 2021.

Pretrial conference is set for January 19, 2022 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Richard J. Kelly Represented By

J Scott Williams

Defendant(s):

Noam Eisen Pro Se

Joint Debtor(s):

Mary J. Kelly Represented By

J Scott Williams

Plaintiff(s):

Jeffrey I Golden Represented By Faye C Rasch

Trustee(s):

Jeffrey I Golden (TR) Represented By Faye C Rasch

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al

#4.00

CONT'D Hearing RE: Order to Show Cause Re Abstention (OSC set 1-22-21)

FR: 3-24-21

Docket 48

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to June 14, 2021 at 9:00 a.m. to be heard in conjunction with the motion for relief from stay.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Defendant(s):

Bridge Loan Financial, Inc. Represented By Zi Chao Lin

Steven Perkins Represented By Katharine B Lau

239 Carnation, LLC Represented By Beth Gaschen

Mola Builders, Inc. Pro Se

Plaintiff(s):

Fineline Woodoworking, Inc. Represented By James A Hayes Jr Eoin L Kreditor Brook J Changala

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al

#5.00

CONT'D Hearing RE: Defendant Perkins' Motion to Dismiss (Motion filed 12-14-20)

FR: 1-20-21; 3-24-21

Docket 41

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to June 14, 2021 at 9:00 a.m. to be heard in conjunction with the motion for relief from stay.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Defendant(s):

Bridge Loan Financial, Inc. Represented By Zi Chao Lin

Steven Perkins Represented By Katharine B Lau

239 Carnation, LLC Represented By Beth Gaschen

Mola Builders, Inc. Pro Se

Plaintiff(s):

Fineline Woodoworking, Inc. Represented By James A Hayes Jr Eoin L Kreditor Brook J Changala

9:00 AM

8:18-10218

Lourdes Watters

Chapter 13

#1.00

CONT'D Amended Motion for relief from stay [Real Property]

MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)

(Amended Motion filed 12-4-20)

[RE : 23905 Matador Way, Murrieta, CA 92562]

FR: 8-24-20; 10-5-20; 11-2-20; 12-7-20; 1-11-21; 2-22-21; 4-19-21

[Tele. appr., Nancy Lee, repr., Rushmore Loan Management Services, LLC]

Docket 69

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of the settlement.

Party Information

9:00 AM

CONT...

Debtor(s):

Lourdes Watters

Chapter 13

Lourdes Watters Represented By Bryn C Deb

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10597

Bartosz M Babij

Chapter 7

#2.00

Motion for relief from stay [Personal Property]

Ally Bank vs DEBTOR (Motion filed 4-28-21)

[RE: 2016 Dodge Journey SE Sport Utility 4D - VIN No.: 3C4PDCAB5GT234233]

Docket 10

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Bartosz M Babij

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Bartosz M Babij Represented By Renee Nasiri

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:21-10602

Tomasz Mackowicz

Chapter 7

#3.00

Motion for relief from stay [Personal Property]

JPMogran Chase Bank N.A. vs DEBTOR (Motion filed 4-27-21)

[RE: 2020 Honda Insight - VIN No.:19XZE4F52LE009653]

[Tele. appr., Jenelle C. Arnold, repr., JPMorgan Chase Bank, N.A.]

Docket 12

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Tomasz Mackowicz

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Tomasz Mackowicz Represented By Joseph A Weber

Trustee(s):

Karen S Naylor (TR) Pro Se

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#4.00

Motion for relief from stay [Personal Property]

Toyota Least Trust, as serviced by Toyota Motor Credit Corporation d/b/a Toyota Financial Services vs DEBTOR

(Motion filed 4-30-21)

[RE: 2017 Toyota Sienna - VIN No.: 5TDKZ3DC4HS898535]

Docket 857

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Christopher Minier

9:00 AM

8:20-12046

Michelle De La Cruz

Chapter 13

#5.00

CONT'D Motion for relief from stay [Real Property]

Vipinchandra D. Vadecha and Jyoti V. Vadecha Living Trust dtd 11-7-1990 vs DEBTOR

(Motion filed 4-21-21)

[RE: 16516 Elm Circle, Fountain Valley, CA 92708]

FR: 5-17-21

[Tele. appr., Coby R. Halavais, repr., Vipinchandra D. Vadecha and Jyoti V. Vadecha Living Trust, Creditor]

[Tele. appr., N. Stephen Vokshori, repr., Debtor]

Docket 42

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of Debtor's ACH payments.

Party Information

9:00 AM

CONT...

Debtor(s):

Michelle De La Cruz

Chapter 13

Michelle De La Cruz Represented By Nima S Vokshori

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:15-12278

Morgan Drexen, Inc.

Chapter 7

#1.00

Hearing RE: Chapter 7 Trustee's Motion for Order Reclassifying and Objecting to Claims Filed By:

(1) Jerry J, Knight	Claim No.11	$400.00
(2) Monica Licea-Preciado	Claim No.19	$936.41
(3) Edward Ziolkowski	Claim No. 24	$1,500.00
(4) Patricia Hughes	Claim No. 31	$1,319.00
(5) Continental Vending, Inc.	Claim No. 39	$352.19
		$371.63 (Ch. 11 Admin)
		$392.48 (Ch. 7 Admin)
(6) Vanice Volcy	Claim No. 47	$3,403.60
(7) Sandra Weston	Claim No. 49	$301.00
(8) Anthony Dale Debbs	Claim No. 52	$2,734.00
(9) Tolulope Aiyetiwa	Claim No. 56	$844.00
(Motion Filed 4-21-21)

[Tele. appr., Thomas H. Casey, repr., Jeffrey I. Golden, Trustee]

Docket 593

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the Motion in its entirety.

2:00 PM

CONT...

Morgan Drexen, Inc.

Chapter 7

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Morgan Drexen, Inc. Represented By Paul R Shankman

Trustee(s):

Jeffrey I Golden (TR) Represented By Thomas H Casey Reem J Bello Beth Gaschen Steven B Sacks

2:00 PM

8:15-12278

Morgan Drexen, Inc.

Chapter 7

#2.00

Hearing RE: Chapter 7 Trustee's Motion for Order Disallowing Claims Filed By:

(1) Richard M. Skidmore	Claim No. 23	$800.00
(2) Alexandra Matthew	Claim No. 54	$300.00
(3) Ilka B. Frazier	Claim No. 61	No Amount Listed
(4) Margie Dodd	Claim No.68	No Amount Listed
(5) Deborah DeLashment	Claim No. 69	No Amount Listed
(Motion filed 4-22-21)

[Tele. appr., Thomas H. Casey, repr., Jeffrey I. Golden, Trustee]

Docket 604

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant all relief requested.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Morgan Drexen, Inc. Represented By

2:00 PM

CONT...

Trustee(s):

Morgan Drexen, Inc.

Paul R Shankman

Chapter 7

Jeffrey I Golden (TR) Represented By Thomas H Casey Reem J Bello Beth Gaschen Steven B Sacks

2:00 PM

8:18-11997

QDOS, Inc

Chapter 11

#3.00

Hearing RE: Motion to Compel QDOS, Inc. to Comply With Obligations to Fully Respond to Requests for Production of Documents and Interrogatories (Motion filed 4-29-21)

(Set per notice filed 5-3-21)

Docket 204

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO CONTINUE HEARING TO JUNE 7, 2021 AT 2:00 PM ENTERED ON 5-6-21 (DOCKET NO. 221).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

2:00 PM

8:20-11954

Peony Chua

Chapter 7

#4.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 4/16/2021)

[RE: Karen Sue Naylor, Chapter 7 Trustee] [Fees: $8,250.00; Expenses: $373.05]

[RE: Ringstad & Sanders LLP - Attorney for Trustee] [Fees: $22,332.50; Expenses: $150.30]

[RE: Hahn Fife & Company, LLP - Accountant For Trustee] [Fees: $2,161.00; Expenses: $287.70]

[Tele. appr., Nanette D. Sanders, repr., Karen Sue Naylor, Chapter 7 Trustee]

Docket 103

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such

2:00 PM

CONT...

Peony Chua

Chapter 7

services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).

The compensation is approved as to the Trustee, with fees in the amount of $8,250.00 and expenses in the amount of $373.05.

The compensation is approved as to Trustee's attorneys Ringstad & Sanders LLP, with fees in the amount of $22,332.50 and expenses in the amount of $150.30.

The compensation is approved as to Trustee's accountants Hahn Fife & Co., with fees in the amount of $2,161.00 and expenses in the amount of $287.70.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Peony Chua Represented By

Bert Briones

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#5.00

CONT'D Hearing RE: First Interim Application for Compensation and Reimbursement of Expenses from the Period of December 4, 2020 to March 22, 2021

(Application filed 3-26-21)

[RE: DTO Law - Special Counsel] [Fees: $2,000.00; Expenses: $0.00]

FR: 4-19-21

[Tele. appr., Michael J. Berger, repr., Interested Party] [Tele. appr., Ronald A. Clifford, repr., Debtor]

[Tele. appr., Carlos Nevarez, repr., Robinson Pharma, Creditor]

Docket 142

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to DTO Law, with fees in the amount of $2,000.00 and expenses in the amount of $0.00.

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#6.00

CONT'D Hearing RE: First Interim Application for Compensation and Reimbursement of Expenses from the Period of December 16, 2020 to March 22, 2021

(Application filed 3-26-21)

[RE: Blakeley LLP - Debtor's Attorney] [Fee: $157,808.00, Expenses: $1,786.99]

FR: 4-19-21

[Tele. appr., Michael J. Berger, repr., Interested Party] [Tele. appr., Ronald A. Clifford, repr., Debtor]

[Tele. appr., Carlos Nevarez, repr., Robinson Pharma, Creditor]

Docket 144

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Blakely LLP, with fees in the amount of $157,808.00 and expenses in the amount of $1,786.99.

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#7.00

CONT'D Hearing RE: First and Final Application for Compensation and Reimbursement of Expenses from the Period of December 5, 2020 to December 16, 2020

(Application filed 3-29-21)

[RE: Michael Jay Berger - Former Debtor's Counsel] [Fees: $8,205.00; Expenses: $0.00]

FR: 4-19-21

[Tele. appr., Michael J. Berger, repr., Interested Party] [Tele. appr., Ronald A. Clifford, repr., Debtor]

[Tele. appr., Carlos Nevarez, repr., Robinson Pharma, Creditor]

Docket 150

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Michael Jay Berger, with fees in the amount of $8,205.00 and expenses in the amount of $0.00.

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

The retainer may be drawn down.

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#8.00

CONT'D Evidentiary Hearing RE: Fifth Amendment Privilege (Mr. Derek Doherty Is Ordered To Personally Appear) (Record Will Be Sealed)

(Set per Order Entered 4-22-2020 - Docket No. [196]) FR: 6-29-20; 11-16-20; 3-15-21

Docket 196

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JUNE 14, 2021 AT 2:00 PM ENTERED ON 3

-29-21 (DOCKET NO. 361).

Tentative Ruling:

Party Information

Debtor(s):

US Direct LLC Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#9.00

CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Compelling Examination Of And Production Of Documents By Derek Doherty Pursuant To Federal Rule Of Bankruptcy Procedure 2004

(Motion filed 3/13/20)

FR: 4-13-20, 8-10-20; 12-14-20; 3-15-21

Docket 186

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JUNE 14, 2021 AT 2:00 AM ENTERED ON 4

-1-21 (DOCKET NO. 370).

Tentative Ruling:

Party Information

Debtor(s):

US Direct LLC Pro Se

Movant(s):

Jeffrey I. Golden, Chapter 7 Trustee Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

6:17-17312

Flem Earl McMillan and Lydia Ventura McMillan

Chapter 11

#1.00

CONT Hrg. on Chapter 11 Status Conference (Cont. from 11/12/20)

Docket 12

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED

The Court found the status report very helpful. The Court will inquire whether the UST has any concerns about the case.

Next status conference: January 18, 2022 at 9:00 a.m. An updated status report is due January 4, 2022.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Flem Earl McMillan Represented By

9:00 AM

CONT...

Flem Earl McMillan and Lydia Ventura McMillan

Todd L Turoci Todd L Turoci

Chapter 11

Joint Debtor(s):

Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci

9:00 AM

6:19-20700

Soon Tae Ji

Chapter 7

Adv#: 6:20-01035 Estrada v. Ji

#2.00

PRE-TRIAL CONFERENCE re: Complaint by Alonso Estrada against Soon Tae Ji. willful and malicious injury))

From: 6/25/20, 11/19/20

Docket 1

*** VACATED *** REASON: ADVERSARY DISMISSED 3/31/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Soon Tae Ji Represented By

Jerome S Demaree

Defendant(s):

Soon Tae Ji Pro Se

Joint Debtor(s):

Young Hyang Ji Represented By Jerome S Demaree

Plaintiff(s):

Alonso Estrada Represented By Alan Wilcox

Catherine Calderaro Wagner

Trustee(s):

Howard B Grobstein (TR) Pro Se

2:00 PM

6:20-11080

Daryl L Hampton and Sharon A Hampton

Chapter 7

#1.00

Hrg. on Trustee's Final Report and Applications for Compensation

[Howard Grobstein, chapter 7 trustee] [Fees; $1125.51; Expenses; $0]

Docket 47

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

Daryl L Hampton and Sharon A Hampton

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of $1,125.51 and expenses in the amount of $0.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Daryl L Hampton Pro Se

Joint Debtor(s):

Sharon A Hampton Pro Se

Trustee(s):

Howard B Grobstein (TR) Pro Se

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#2.00

CONT Hrg. on Chapter 11 Status Conference From: 8/13/20, 10/22/20,11/17/20, 3/9/21

Docket 13

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: November 3, 2021 at 9:00 a.m. An updated status report is due October 20, 2021.

COURT TO PREPARE ORDER.

2:00 PM

CONT...

Debtor(s):

LCF LABS INC.

Party Information

Chapter 11

LCF LABS INC. Represented By Neil C Evans

Trustee(s):

Arturo Cisneros (TR) Pro Se

9:00 AM

8:19-14865

Ice Energy Holdings, Inc.

Chapter 7

Adv#: 8:20-01144 Casey v. Zezza et al

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

Breach Of Fiduciary Duty
Aiding And Abetting Breach Of Fiduciary Duty
Declaratory Relief
Equitable Subordination
Objection To Claims
Lien Avoidance
Avoidance Of Preferential Transfers
Preservation Of Avoided Transfers (Complaint filed 10-7-20)

FR: 1-13-21; 2-24-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE TO SEPTEMBER 1, 2021 AT 9:00 AM ENTERED ON 5-17-21 (DOCKET NO. 22).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo

Defendant(s):

David Zezza Pro Se

Marcel Christians Pro Se

Alex Collins Pro Se

Joseph Draper Pro Se

9:00 AM

CONT...

Ice Energy Holdings, Inc.

Chapter 7

David Heatley Pro Se

Daniel Leff Pro Se

Francis Carroll Pro Se

Marcus Childress Pro Se

James Kelly Pro Se

Minakami LLC Pro Se

Minakami Trust Pro Se

Voyager Ocean Limited Pro Se

Plaintiff(s):

Thomas H. Casey Represented By Jason B Komorsky

Trustee(s):

Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland Steven T Gubner Kerry A. Moynihan

9:00 AM

8:19-14489

Luis Daniel Ochoa

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 11/17/19)

FR: 1-22-20; 6-3-20; 10-21-20; 2-17-21

Docket 19

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into (1) the Debtor's compliance with UST guidelines and requirements, and (2) whether it would be helpful to Debtor to extend the deadlines for filing a plan and disclosure statement and for confirming a plan by several months.

Next status conference: September 8, 2021 at 9:00 a.m. An updated status report is due August 25, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Luis Daniel Ochoa

Chapter 11

Luis Daniel Ochoa Represented By Anerio V Altman

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

Adv#: 8:20-01134 Naylor v. Kilada

#3.00

CONT'D Hearing RE: Motion to Dismiss Adversarial Proceeding Pursuant to Federal Rules of Civil Procedure Rule 12 Made Applicable Through Federal Rules of Bankruptcy Procedure 7012

(Motion filed 10-16-20)

FR: 1-13-21; 2-25-21

Docket 7

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING ENTERED ON 5-11-21 (DOCKET NO. 28).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Defendant(s):

Fady Kilada Represented By

Arash Shirdel

Movant(s):

Fady Kilada Represented By

Arash Shirdel

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey

9:00 AM

CONT...

Trustee(s):

Veronica Kilada

Chapter 13

Amrane (SA) Cohen (TR) Represented By Thomas H Casey

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

Adv#: 8:20-01134 Naylor v. Kilada

#4.00

CONT'D STATUS CONFERENCE RE: Chapter 7 Trustee's First Amended Complaint Against Fady Kilada for:

Avoidance of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A)
Avoidance of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B)
Avoidance of Preference Transfer Under 11 U.S.C. Section 547
Recovery of Transfer per 11 U.S.C Section 550
Turnover of Property of the Estate Pursuant to 11 U.S.C. Section 542 (Complaint filed 9-16-20)

(Amended Complaint filed 9-17-20) FR: 12-2-20; 1-13-21; 2-25-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING ENTERED ON 5-11-21 (DOCKET NO. 28).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Defendant(s):

Fady Kilada Represented By

Arash Shirdel

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey

9:00 AM

CONT...

Trustee(s):

Veronica Kilada

Chapter 13

Amrane (SA) Cohen (TR) Represented By Thomas H Casey

9:00 AM

8:20-11588

Veronica Kilada

Chapter 13

Adv#: 8:20-01140 Naylor v. Kilada

#5.00

CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Fady Kilada for Judgment:

The Post-Petition Family Court Order is Void As To All Real and Personal Property Per 11 U.S.C. Section 362
Attorney Fees Per 11 U.S.C. Section 105 (Complaint filed 9-30-20)

FR: 12-16-20; 1-4-21; 2-25-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING ENTERED ON 5-17-21( DOCKET NO. 23).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Veronica Kilada Represented By Onyinye N Anyama

Defendant(s):

Fady Kilada Pro Se

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey

Trustee(s):

Amrane (SA) Cohen (TR) Represented By Thomas H Casey

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al

#6.00

CONT'D TRIAL RE: Second Amended Complaint For:

Declaratory Relief;
Usury Avoidance Of Preferential Transfers;
Avoidance Of Fraudulent Transfers;
Recovery Of Preferential And Fraudulent Transfers;
Fraud;
Racheteering (18 U.S.C. Section 1962)
Unfair Competition And Equitable Subordination (11 U.S.C. Section 510(c) (Complaint filed 7/30/10)

(Counter-Claim filed 8/30/19, Dismissed on 12/16/20) (PTC set at S/C held 11/13/19)

(First Amended Complaint filed 2/26/20) (Second Amended Complaint filed 5/6/20) (Trial set at P/T on 12-16-20)

FR: 10-6-19; 11-13-19; 8-12-20; 11-18-20: 12-16-20; 3-5-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING SECOND AMENDED COMPLAINT WITH PREJUDICE ENTERED ON 4- 1-21 (DOCKET NO. 130).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Defendant(s):

Reliable Fast Cash, LLC Represented By Steven R Fox

9:00 AM

CONT...

South Coast Behavioral Health, Inc.

Chapter 11

Mendl Chanin Represented By Steven R Fox

Plaintiff(s):

South Coast Behavioral Health, Inc. Represented By

Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

9:00 AM

8:19-10212

Hill Concrete Structures

Chapter 11

Adv#: 8:20-01167 Hill Concrete Structures v. Technical Works California, LLC

#7.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint for Injunction Relief and Declaratory Relief

(Complaint filed 12-9-20)

FR: 3-10-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - JUDGMENT ENTERED AGAINST TECHNICAL WORKS CALIFORNIA, LLC ON 3-19

-21 (DOCKET NO. 16).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hill Concrete Structures Represented By Michael Jones Sara Tidd

Defendant(s):

Technical Works California, LLC Pro Se

Plaintiff(s):

Hill Concrete Structures Represented By Michael Jones

9:00 AM

8:19-10212

Hill Concrete Structures

Chapter 11

Adv#: 8:20-01169 Hill Concrete Structures v. Powers Steel & Wire Products Inc.

#8.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint for Injunction Relief and Declaratory Relief

(Complaint filed 12-9-20)

FR: 3-10-11

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER OF DISMISSAL PURSUANT TO FEDERAL RULES OF BANKRUPTCY PROCEDURE RULE 7041 ENTERED ON 4-19-21 (DOCKET NO. 20).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hill Concrete Structures Represented By Michael Jones Sara Tidd

Defendant(s):

Powers Steel & Wire Products Inc. Pro Se

Plaintiff(s):

Hill Concrete Structures Represented By Michael Jones

9:00 AM

8:19-10212

Hill Concrete Structures

Chapter 11

Adv#: 8:20-01168 Hill Concrete Structures v. Shotcrete Group, Inc.

#9.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint for Injunction Relief and Declaratory Relief

(Complaint filed 12-9-20)

FR: 3-10-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - JUDGMENT ENTERED AGAINST SHOTCRETE GROUP INC ENTERED ON 3-19-21 (DOCKET NO. 15).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hill Concrete Structures Represented By Michael Jones Sara Tidd

Defendant(s):

Shotcrete Group, Inc. Pro Se

Plaintiff(s):

Hill Concrete Structures Represented By Michael Jones

9:00 AM

8:20-13502

Steven J. Williams

Chapter 13

#1.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-25-21

Docket 21

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Steven J. Williams Represented By

James D. Hornbuckle

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10030

Christy Celeste Camp Quade and Trever Alan Quade

Chapter 13

#2.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-25-21

Docket 13

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Christy Celeste Camp Quade Represented By Tate C Casey

Joint Debtor(s):

Trever Alan Quade Represented By Tate C Casey

Movant(s):

Christy Celeste Camp Quade Represented By Tate C Casey Tate C Casey Tate C Casey Tate C Casey Tate C Casey

Trever Alan Quade Represented By Tate C Casey

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10236

Daniel Craig Smith

Chapter 13

#3.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-29-21

Docket 36

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Daniel Craig Smith Represented By Marc A Goldbach

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10313

Ralph Richard Encinas

Chapter 13

#4.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-29-21

Docket 29

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Ralph Richard Encinas Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10672

Quinn Lee Miller and Dora Beltran Miller

Chapter 13

#5.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 21

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Quinn Lee Miller Represented By John Asuncion

Joint Debtor(s):

Dora Beltran Miller Represented By John Asuncion

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10722

Jacqueline C Bowman and Collin L Bowman

Chapter 13

#6.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 18

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Jacqueline C Bowman Represented By Julie J Villalobos

Joint Debtor(s):

Collin L Bowman Represented By Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10732

Shayna Ann Yamada

Chapter 13

#7.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Shayna Ann Yamada Represented By

D Justin Harelik

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10550

Jeffrey Michael Giannelli

Chapter 13

#8.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND OR PLAN ENTERED ON 4-1-21 (DOCKET NO. 13).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jeffrey Michael Giannelli Pro Se

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-13842

Nasrin Yeganeh

Chapter 13

#1.00

Hearing RE: Verified Motion to Dismiss Case Due to Material Default of a Plan Provision

(Motion filed 3-25-21)

Docket 38

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Nasrin Yeganeh Represented By Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-13058

Monica Lin Mathers

Chapter 13

#2.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 4-7-21)

(Set per opposition filed 4-29-21)

Docket 83

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 5-26-21 (DOCKET NO. 93).

Tentative Ruling:

Party Information

Debtor(s):

Monica Lin Mathers Represented By Benjamin R Heston

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-12783

Donald Louis Pearce

Chapter 13

#3.00

Hearing RE: Objection to Proof of Claim (Motion filed 3-31-21)

Claim No. 9-1 Deck Capital, Inc. $7,000.00

Docket 54

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant. Claim No. 9-1 is allowed as a secured claim in the amount of $7,000.00 and disallowed as an unsecured claim in the amount of $26,057.16.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Donald Louis Pearce Represented By Christopher J Langley Michael Smith

10:15 AM

CONT...

Trustee(s):

Donald Louis Pearce

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-12783

Donald Louis Pearce

Chapter 13

#4.00

Hearing RE: Objection to Proof of Claim (Motion filed 3-31-21)

Claim No. 10-1 Deck Capital, Inc. $9,286.95

Docket 55

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant and disallow Claim 10-1 in its entirety.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Donald Louis Pearce Represented By Christopher J Langley Michael Smith

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

CONT...

Donald Louis Pearce

Chapter 13

10:15 AM

8:19-12783

Donald Louis Pearce

Chapter 13

#5.00

Hearing RE: Trustee's Motion to Modify Plan a Confirmed Plan (Motion filed 3-25-21)

(Set Per Opposition filed 3-31-21)

Docket 52

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant in part. The Trustee is not authorized to distribute any funds in respect of Claim 10-1. However, the Trustee is authorized to distribute funds with respect to the secured portion of Claim 9-1. No funds shall be distributed with respect to the unsecured (and disallowed) portion of Claim 9-1.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Donald Louis Pearce Represented By Christopher J Langley Michael Smith

10:15 AM

CONT...

Trustee(s):

Donald Louis Pearce

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-12783

Donald Louis Pearce

Chapter 13

#6.00

Hearing RE: Objection to Proof of Claim (Motion filed 3-31-21)

Claim No. 11-1 County of Orange $8,670.86

Docket 61

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant in part. The Court will treat claim 11-1 as paid in full with no additional moneys owing thereon. In other words, the claim is allowed, but paid in full.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Donald Louis Pearce Represented By Christopher J Langley Michael Smith

10:15 AM

CONT...

Trustee(s):

Donald Louis Pearce

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-14515

Steven Ray Matteson, Jr. and Heather Ann Matteson

Chapter 13

#7.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 4-7-21)

(Set per opposition filed 4-29-21)

Docket 43

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

If the motion to modify the plan is granted, the Court will permit the Chapter 13 Trustee to withdraw the motion to dismiss or, alternatively, will deny the motion to dismiss as moot.

Party Information

Debtor(s):

Steven Ray Matteson Jr. Represented By Richard G Heston

Joint Debtor(s):

Heather Ann Matteson Represented By

10:15 AM

CONT...

Trustee(s):

Steven Ray Matteson, Jr. and Heather Ann Matteson

Richard G Heston

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-14515

Steven Ray Matteson, Jr. and Heather Ann Matteson

Chapter 13

#7.10

Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments

(Motion filed 5-5-21)

Docket 47

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

If the Debtor agrees to the Chapter 13 Trustee's conditions, the Court will grant the motion to modify.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Steven Ray Matteson Jr. Represented By Richard G Heston

Joint Debtor(s):

Heather Ann Matteson Represented By Richard G Heston

10:15 AM

CONT...

Trustee(s):

Steven Ray Matteson, Jr. and Heather Ann Matteson

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-14684

Mary Quintana Villamor

Chapter 13

#8.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 3-3-21)

(Set per opposition filed 3-17-21)

Docket 58

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 5-12-21 (DOCKET NO. 62).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mary Quintana Villamor Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-12046

Michelle De La Cruz

Chapter 13

#9.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 4-7-21)

(Set per opposition filed 4-21-21)

Docket 39

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE WITH 180-DAY BAR ENTERED ON 5-26-21 (DOCKET NO. 53).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michelle De La Cruz Represented By Nima S Vokshori

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-13030

Jason Michael Fatta

Chapter 13

#10.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))

(Motion filed 8/6/2020)

(Case reassigned from CB on 7-31-20)

(Set per notice of hearing and opposition filed 8-28-20)

FR: 12-9-20; 1-28-21; 3-25-21; 4-29-21

Docket 77

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 5-12-21 (DOCKET NO. 114).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jason Michael Fatta Represented By Christine A Kingston

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-10693

Maria A Basave de Guillen

Chapter 13

#11.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c)(6))

(Motion filed 1/6/2021)

(Set per notice and opposition filed 1-25-21)

FR: 3-25-21; 4-29-21

Docket 139

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether this motion has been consensually resolved.

Party Information

Debtor(s):

Maria A Basave de Guillen Represented By Christopher J Langley Michael Smith

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

CONT...

Maria A Basave de Guillen

Chapter 13

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

#1.00

Hrg. on Motion for Order on Sale of 46 Vista Del Lago Lots (OST entered 5/20/21)

Docket 665

Matter Notes:

Grant:

Deny: With prejudice: Without prejudice:

Stip/AP FF to Appear: Moot:

Continued:

Who will submit form of order?

Court Movant Respondent

Tentative Ruling:

TELEPHONIC APPEARANCES REQUIRED

Havasu Lakeshore Investments, LLC ("HLI") has moved (the "Sale Motion") for a Court order permitting a sale of 46 lots (the "46 Lots") that were deeded to it in approximately July 2019 pursuant to a then in-force but now vacated plan of reorganization. The proposed selling price for the 46 lots is $2,246,000. The Sale Motion requests a Court order that the proposed sale be free and clear of all liens, including the Existing Liens (as that term is defined in the Sale Motion). Terry Lee Fleming, Jr. (the debtor’s son) and Havasu Landing, LLC (together, the "Objecting

9:00 AM

CONT...

Terry Lee Fleming, Sr

Chapter 11

Parties") oppose the Sale Motion.

The 46 Lots are not bankruptcy estate property, they are HLI’s property and have been HLI’s property since approximately July 2019. The 46 Lots are being sold under the threat of foreclosure by the Vista Del Lago Homeowners’ Association (the "HOA") – a distress sale, in other words. The 46 Lots are being sold in bulk, a type of transaction that the Court previously found to be commercially unreasonable. They are being sold during the greatest pandemic in over a century, a mega-event that has already resulted in the deaths of more than one-half of one million Americans and has caused economic disruption and dislocation of practically Biblical proportion. For these reasons, it comes as no surprise to the Court that the 46 lots are proposed to be sold in June or July 2021 at a far lower price than their fair market value at the time they were conveyed to HLI in approximately July 2019.

Evidence of a selling price under these circumstances has zero probative value as to what the 46 Lots were worth when they were conveyed to HLI two years earlier.

The Objecting Parties suggest that the Court would be a party to a constructive fraudulent transfer – a sale for less than a reasonably equivalent value made while HLI is insolvent – were it to grant the Sale Motion. However, the Objecting Parties have not made a sufficient showing that the proposed selling price is less than reasonably equivalent value. This is the case because the Objecting Parties have not shown the effect of a fire sale or distress sale (which this clearly is because of the HOA’s foreclosure threat) in a commercially unreasonable manner on the less-than- reasonably-equivalent- value requirement of a constructive fraudulent transfer.

The Court is most definitely not making a finding that the proposed sale of the 46 Lots is for reasonably equivalent value, merely that the Objecting Parties have not made a sufficient showing that the proposed sale is for less than reasonably equivalent value.

HLI has failed to make a sufficient showing that this Court has the requisite authority

9:00 AM

CONT...

Terry Lee Fleming, Sr

Chapter 11

to order that a sale of non-bankruptcy estate property and a sale that is not being made pursuant to 11 U.S.C. § 363 can be made free and clear of the Existing Liens.

The Sale Motion is granted in part and denied in part. HLI may sell the 46 Lots (that portion of the Sale Motion is granted), but the Court will not order that such sale is free and clear of the Existing Liens (as that term is defined in the Sale Motion). That portion of the Sale Motion is denied. Moreover, all rights are reserved to all parties to assert liens against the sale proceeds from the 46 Lots, to commence interpleader proceedings with respect to sales proceeds and to make demand on any escrow agent consistent with their asserted rights.

The Court makes no finding as to whether the sales price is fair and reasonable. No sufficient showing was made by HLI in this regard, given the fraudulent transfer arguments made by the Objecting Parties. That portion of the Sale Motion is denied.

The Sale Motion in numbered paragraph 4 on page 2 requests a determination by this Court that the "net sales proceeds identified in the Closing Statement shall be held in escrow pending further order of the Bankruptcy Court . . . or by a Stipulation of the Parties." The Court has been unable to locate the Closing Statement in the Sale Motion and will ask about that at the hearing. However, the Court will deny this portion of the Sale Motion to the extent any Closing Statement fails to provide that funds shall be placed into escrow in an amount sufficient to cover all Existing Liens.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

9:00 AM

8:20-10018

Elizabeth Ann Beech

Chapter 13

#1.00

Motion for relief from stay [Real Property]

PennyMac Loan Services, LLC vs DEBTOR (Motion filed 5-5-21)

[RE: 227 South Poplar Avenue, Brea, California 92821]

Docket 57

*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FOR RELIEF FROM THE AUTOMATIC STAY FILED 6-3-21 (DOCKET NO. 60).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Elizabeth Ann Beech Represented By Seema N Sood

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-13280

Jeremy P. Frieze

Chapter 7

#2.00

Motion for relief from stay [Personal Property]

Bank of American N.A. vs DEBTOR (Motion filed 5-13-21)

[RE: N 2020 Jeep Wrangler Unlimited - VIN No.: 1C4HJXFG1LW188719]

Docket 44

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Jeremy P. Frieze

Party Information

Chapter 7

Jeremy P. Frieze Represented By Christine A Kingston

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:21-10177

Rafael Nava

Chapter 7

#3.00

Motion for relief from stay [Real Property]

Deutsche Bank National Trust Company vs DEBTOR (Motion filed 5-10-21)

[RE: 214 N. Ventura St., Anaheim, CA 92801]

Docket 18

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Rafael Nava

Party Information

Chapter 7

Rafael Nava Represented By

John D Sarai

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:21-10890

Jesse Harold Olson and Megan Leigh Olson

Chapter 7

#4.00

Motion for relief from stay [Real Property]

PennyMac Loan Services, LLC vs DEBTOR (Motion Filed 5-4-21)

[RE: 2204 Love Rd, Killeen, Texas 76542]

Docket 22

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Jesse Harold Olson and Megan Leigh Olson

Party Information

Chapter 7

Jesse Harold Olson Represented By Christopher C Barsness

Joint Debtor(s):

Megan Leigh Olson Represented By Christopher C Barsness

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:21-11013

Yong Moon Joh

Chapter 7

#5.00

Motion for relief from stay [Personal Property]

Nissan Motor Acceptance Corporation vs DEBTOR (Motion filed 5-13-21)

[RE: 2019 Nissan Sentra - VIN No.: 3N1AB7AP7KY406002]

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Yong Moon Joh

Party Information

Chapter 7

Yong Moon Joh Represented By Arlene M Tokarz

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:21-11091

Vanessa Veronica Paz

Chapter 7

#6.00

Motion for relief from stay [Personal Property]

Toyota Lease Trust, as serviced by Toyota Motor Credit Corporation d/b/a Toyota Financial Services vs DEBTOR

(Motion filed 5-14-21)

[RE: 2018 Toyota Mirai - VIN No.: JTDBVRBD4JA004014]

Docket 10

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived.

9:00 AM

CONT...

Vanessa Veronica Paz

Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Vanessa Veronica Paz Represented By Noha Gabra

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:21-11046

Ernesto Rafael Montalvo

Chapter 13

#7.00

Hearing RE: Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate

(Motion filed 4-26-21)

[RE: 1682 W Ord Way, Anaheim, CA 92802]

Docket 12

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Deny. The Motion is not being heard within 30 days of the peition date (April 22, 2021).

11 U.S.C. § 362(c)(3)(B).

The Court finds that the stay with respect to action taken regarding a debt or property securing such debt on any lien expired on May 22, 2019.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Ernesto Rafael Montalvo

Chapter 13

Ernesto Rafael Montalvo Represented By Juan F Dotson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:18-11997

QDOS, Inc

Chapter 11

#8.00

Hearing RE: Motion for Order Imposing Stay of Discovery (Motion filed 5-16-21)

Docket 226

*** VACATED *** REASON: OFF CALENDAR - SUA SPONTE ORDER CONTINUING HEARING TO TODAY'S 2:00 PM CALENDAR ENTERED ON 5-21-21 (DOCKET NO. 235).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

2:00 PM

8:18-12541

Scott Lawrence Chappell and Alicia Woolsey

Chapter 7

#1.00

CONT'D Hearing RE: Motion of Creditor's William Chappell and Russell Chappell for an Order Sustaining Objection to Debtor's Claim of Exemption (Motion filed 1-11-21)

FR: 3-4-21

Docket 128

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Chapter 7 debtors Scott Chappell and Alicia Woolsey filed their joint petition on July 12, 2018. Their latest amended Schedule C claims an exemption in vacant land in Washoe County, Nevada (the "Subject Property") in the amount of $20,000.

Creditors William Chappell and Russell Chappell (the "Objecting Parties") object to the claim of exemption in the Subject Property (the "Motion"), arguing that (1) an exemption under California Code of Civil Procedure § 703.140(b)(1) is improper because this category of exemption applies only to property used as a residence, and the Subject Property is vacant land not used as a residence, and (2) an exemption under California Code of Civil Procedure § 703.140(b)(3) is improper because such

2:00 PM

CONT...

Scott Lawrence Chappell and Alicia Woolsey

Chapter 7

exemption is limited to $750 and applies only to household goods, wearing apparel and the like. The Objecting Parties also argue that the Subject Property is worth far more than $20,000.

The Objecting Parties have misread the Debtors’ Schedule C. The exemption in the Subject Property is claimed under California Code of Civil Procedure § 703.140(b) (5), not (b)(3). Section 703.140(b)(5) permits an exemption "in any property" up to

$1,280 plus any unused amount under Section 703.140(b)(1). Debtors used only $650 of their allowance under (b)(1), and the total allowed under (b)(1) is $24,060, so the unused amount is $23,410. This is more than enough to cover the claimed exemption of $20,000.

(Note that the Court is using the lower exemption amounts applicable to a 2018 bankruptcy filing).

Whether the Subject Property is worth more than $20,000, as the Objecting Parties argue, is irrelevant because the amount of the exemption claimed is limited to

$20,000.

The Motion is denied with prejudice for the reasons stated above.

Party Information

Debtor(s):

Scott Lawrence Chappell Represented By Stephen E Olear

Joint Debtor(s):

Alicia Woolsey Represented By Stephen E Olear

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#2.00

Hearing RE: Motion to Extend Deadline to Commence Avoidance Actions (Motion filed 5-14-21)

Docket 870

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant, and extend deadline to June 20, 2022.

CHAPTER 11 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe

2:00 PM

CONT...

South Coast Behavioral Health, Inc.

Nanette D Sanders Christopher Minier

Chapter 11

2:00 PM

8:19-12715

Andrea Mythanh Le

Chapter 7

#3.00

Hearing RE: Chapter 7 Trustee's Motion for Order:

Authorizing Sale of Real Property Free and Clear of Liens Pursuant to 11
U.S.C. Section 363(f)
Approving Overbid Procedures
Approving Broker Compensation
Authorizing Distribution of Sale Proceeds
Determing that the Proposed Buyer is a "Good Faith Purchaser" Under 11
U.S.C. Section 363(m)
Waiving 14 Day Stay Imposed by Federal Rule of Bankruptcy Procedure 6004(h)

(Motion filed 5-10-21)

[RE: 13192 Rolling Hills Lane, Victorville, CA 92395]

Docket 109

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant on the terms of Wells Fargo Bank's conditional non-opposition. The Court will inquire whether there are any overbidders.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

2:00 PM

CONT...

Debtor(s):

Andrea Mythanh Le

Party Information

Chapter 7

Andrea Mythanh Le Represented By Christopher J Langley

Trustee(s):

Karen S Naylor (TR) Represented By Nathan F Smith Arturo M Cisneros

2:00 PM

8:18-11997

QDOS, Inc

Chapter 11

#4.00

CONT'D Hearing RE: Motion to Compel QDOS, Inc. to Comply With Obligations to Fully Respond to Requests for Production of Documents and Interrogatories (Motion filed 4-29-21)

(Set per notice filed 5-3-21) FR: 5-24-21

Docket 204

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Deny. The Court determines that QDOS has complied with the Petitioning Creditors' requests for production of documents to the extent those requests were not unreasonably burdensome. However, the Court will extend the discovery cutoff to August 15, 2021. No sanctions are imposed on either party.

QDOS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

QDOS, Inc Represented By

2:00 PM

CONT...

QDOS, Inc

Damian D Capozzola Timothy R Laquer

Chapter 11

2:00 PM

8:18-11997

QDOS, Inc

Chapter 11

#4.10

Hearing RE: Motion for Order Imposing Stay of Discovery (Motion filed 5-16-21)

Docket 226

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Deny. This involuntary case needs to move forward, and a stay of discovery will only delay this process.

PETITIONING CREDITORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#5.00

Hearing RE: Chapter 7 Trustee's Motion for Order Extending Time to File Actions Under 11 U.S.C. §§ 108, 546, and 549

(Motion filed 5-17-21)

Docket 389

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant, and extend deadlines to January 14, 2022.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

US Direct LLC Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#6.00

Hearing RE: Heartwise, Inc.'s Motion for an Order Pursuant to 11 U.S.C. 1121(d), Extending the Exclusive Period for the Solicitation and Acceptances of Chapter 11 Plan of Reorganization

(Motion filed 5-17-21)

Docket 235

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant. The Court finds "cause" to extend exclusivity pursuant to 11 U.S.C. § 1121(d) (2)(B) based upon (1) the Debtor-in-Possession's good faith progress toward reorganization, (2) the short amount of time that has elapsed in this case, and (3) the case's complexity, as illustrated by the presence of a creditor who is opposing a plan that provides for such creditor's full or substantial payment on the effective date. The deadline date for soliciting acceptances of the plan is extended to September 30, 2021.

HEARTWISE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Heartwise, Inc.

Chapter 11

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#6.10

Hearing RE: Evidentiary Objection to, and Motion to Strike, Heartwise's Reply (PACER Item 284, filed 6/1/21) to Vitamins' Opposition to Heartwise's Motion to Extend 180 Day Exclusivity Period

(Motion filed 6-2-21)

Docket 286

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Deny motion to strike Heartwise's Reply. The Reply consists primarily of arguments of counsel and it would be improper to place arguments of counsel in a declaration. For example Page 4, Line 3: "Vitamins Online argues against itself." Page 4, Line 7: "The argument regarding Vitamins Online's discovery requests is a self-created issue."

HEARTWISE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#7.00

Hearing RE: Motion of Heartwise, Inc. for Order: (1) Clarifying that Discovery has Closed on the Chapter 11 Trustee Motion and 503(b)(9) Motion; and (2)

Prohibiting Discovery in Connection with the Disclosure Statement (Motion filed 5-26-21)

(Hearing set per OST entered 5-27-21)

Docket 260

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

As a preliminary matter, the Court needs to deal with a reckless, un-informed and baseless accusation leveled against the Court by Kathleen P. March, Esq., the attorney for Vitamins Online, Inc. ("Vitamins Online"). Ms. March alleges in the Opposition, Docket No. 269, filed May 27, 2021 (the "Opposition") that this Court granted an application on May 27, 2021 for an order shortening time filed by chapter 11 debtor Heartwise, Inc. ("Heartwise") before reading an earlier version of the Opposition filed on May 26, 2021. As purported evidence of this, Ms. March points to a provision in the Order Granting Application and Setting Hearing on Shortened Notice and Staying All Discovery Pending Hearing, Docket No. 267, filed May 27, 2021 (the "OST

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

Order") entitling Vitamins Online to file an opposition to the Motion of Heartwise, Inc. for Order (1) Clarifying That Discovery Has Closed on the Chapter 11 Trustee Motion and 503(b)(9) Motion; and (2) Prohibiting Discovery in Connection with the Disclosure Statement (the "Omnibus Discovery Limitation Motion"). Ms. March reasons that this proves the Court did not read the earlier version of the Opposition prior to entry of the OST Order because if the Court had, the Court would have known an opposition had already been filed and there would have been no need to refer to it in the OST Order.

When a litigant files an application for an order allowing a motion to be heard on shortened time, an opponent generally has the right to file two types of pleadings: (1) an opposition to the application, and (2) an opposition to the motion itself. This Court rarely receives oppositions to applications for an order shortening time. The Court treated the earlier version of the Opposition as an objection to the application and gave instructions that entry of the OST Order be held up until the matter could be reviewed. After determining that Vitamins Online had failed to make a sufficient showing that good cause existed for denying the application, the Court gave instructions that the OST Order be entered. The OST Order gave Vitamins Online the right to file an additional pleading on or before June 1, 2021 in opposition to the Omnibus Discovery Limitation Motion—the Court reasoning that the requirements of due process demand that an opponent of a motion to be heard on shortened time be afforded more than 3 or 4 hours to respond (absent life-threatening emergencies, which are not present here). But no good deed goes unpunished and, by granting this right to Vitamins Online, the Court has apparently opened itself up to a reckless, un- informed and baseless charge that it does not read oppositions before granting OST applications. Suffice it to say that counsel for Vitamins Online should know whereof she speaks before hurling accusations at the Court. This would appear to the Court to be part of a bad faith strategy on the part of Vitamins Online to try to intimidate the Court into ruling in its favor even though such a ruling would be justified by neither the facts nor the law, as shown below.

2:00 PM

CONT...

Heartwise, Inc.

THE OMNIBUS DISCOVERY LIMITATION MOTION

Chapter 11

The Court grants the request of Qualinutra, Inc. and Alpha Health Research, Inc. to be heard at the June 7, 2021 hearing at 2:00 p.m.

On or about May 12, 2021, creditor Vitamins Online propounded discovery by noticing depositions of the custodian of the records of Qualinutra, Inc. and AlphaHealth Research, Inc. and by issuing a request for production of documents to DavidPaul Doyle (collectively, the "Discovery Matters"). Chapter 11 debtor and debtor in possession Heartwise moves in the Omnibus Discovery Limitation Motion for an order clarifying that discovery was already closed at the time the Discovery Matters were propounded. Heartwise also moves in the Omnibus Discovery Limitation Motion for a Court order prohibiting discovery with respect to Heartwise’s motion for approval of its disclosure statement.

Qualinutra, Inc. and Alpha Health Research, Inc. and major creditor Robinson Pharma, Inc. join in the Omnibus Discovery Limitation Motion.

The Discovery Matters relate to a motion for appointment of a chapter 11 trustee (the "Trustee Motion") that was on the Court’s calendar for April 7, 2021. The Court has reviewed and examined a reporter’s transcript of the April 7 hearing (the "R.T."). The

R.T. shows that Vitamins Online’s counsel requested additional time for discovery in connection with the Trustee Motion:

MS. KARASIK: So I think it’s only fair that this discovery go forward and the parties be able to supplement briefing.

R.T. at page 15 of 19, lines 17-19.

After Heartwise’s counsel, Mr. Clifford, clarified that the disclosure statement hearing was being held on May 12, 2021 at 2:00 p.m., and Ms. Karasik made further argument, the Court continued the hearing on the Trustee Motion to the same date and time as the disclosure statement hearing and permitted ongoing discovery, but only up

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

to April 28, 2021:

THE COURT: Having heard the argument, what the Court’s going to do – the Court will give you an extra week [for discovery] there, Ms. Karasik. So that will take us – take you our to April 28th so you’ll have three weeks for your discovery "

R.T. at page 17-18 of 19, lines 25, 1-3.

Therefore, it is clear from the R.T. of the April 7 hearing that discovery closed on April 28, 2021. Any reopening of discovery would have required a Court order, and no such Court order exists. A continuance of the Trustee Motion beyond May 12, 2021 (which did occur), standing alone, did not reopen discovery—that would have required a Court order, because discovery was already closed.

This Court possesses the discretion to reopen discovery (and perhaps even to retroactively validate discovery propounded after discovery had already closed), but the Court declines to exercise such discretion here. Vitamins Online has already requested once and received once a three-week extension of discovery. No further extensions will be permitted. Khachikyan v. Hahn (In re Khachikyan), 335 B.R. 121 (B.A.P. 9th Cir. 2005).

The Court agrees with Heartwise that in this case the Court ought not to permit discovery in connection with the disclosure statement. Federal Rule of Bankruptcy Procedure 9014(c) makes the discovery rules applicable with respect to contested matters "unless the court directs otherwise." Here, the Court directs otherwise.

Vitamins Online is entitled to object to the adequacy of the disclosure statement and to object to plan confirmation. If arguments made and evidence presented by Vitamins Online in connection with exercising such rights persuades the Court that additional discovery would be useful, the Court will give consideration to opening discovery again at that time. However, discovery in the form of fishing expeditions will not be permitted. See In the Matter of Georgetown of Kettering, 17 B.R. 73, 75 (Bankr. S.D. Ohio 1981) ("The requirement of a disclosure statement, however,

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

should not be read to infer a corresponding creditor right of a fishing expedition.")

The Omnibus Discovery Limitation Motion is granted in full. The subpoenas issued by Vitamins Online after the close of discovery on April 28, 2021 are hereby quashed.

HEARTWISE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr

#1.00

From: 6/4/20, 11/3/20, 11/19/20, 3/16/21

Docket 1

*** VACATED *** REASON: CONTINUED TO 7/20/21 @ 9:00 A.M. BY ORDER ENTERED 3/30/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Defendant(s):

Terry Lee Fleming Sr Represented By James E Till

Plaintiff(s):

Havasu Lakeshore Investments Represented By Frederick M. Reich Martin A Eliopulos Grant G. Teeple

9:00 AM

6:14-18824

Maria Elena Rodriguez

Chapter 7

Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons

#2.00

Hrg. on Plaintiffs' Motion For Summary Judgment Motion for Summary Judgment, or, in the Alternative, Summary Adjudication of Issues against Defendant Larry S. Simons, chapter 7 trustee

Docket 102

*** VACATED *** REASON: CONTINUED TO 9/7/21 BY ORDER ENTERED 6/2/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Elena Rodriguez Represented By

Michael H Colmenares John P Kreis

Defendant(s):

Larry D Simons Represented By Daniel A Lev

Movant(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

Timothy McDonald Represented By Howard Steinberg

Plaintiff(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

Timothy McDonald Represented By

9:00 AM

CONT...

Trustee(s):

Maria Elena Rodriguez

Howard Steinberg

Chapter 7

Larry D Simons (TR) Represented By

C John M Melissinos Daniel A Lev

9:00 AM

6:14-18824

Maria Elena Rodriguez

Chapter 7

Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons

#3.00

Hrg. on Defendant's Motion filed 4/27/27 For Summary Judgment, or in the Alternative, Partial Summary Adjudication

Docket 96

*** VACATED *** REASON: CONTINUED TO 9/7/21 BY ORDER ENTERED 6/2/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Elena Rodriguez Represented By

Michael H Colmenares John P Kreis

Defendant(s):

Larry D Simons Represented By Daniel A Lev

Movant(s):

Larry D Simons Represented By Daniel A Lev

Plaintiff(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

Timothy McDonald Represented By Howard Steinberg

Trustee(s):

Larry D Simons (TR) Represented By

C John M Melissinos

9:00 AM

CONT...

Maria Elena Rodriguez

Chapter 7

Daniel A Lev

9:00 AM

6:20-12897

Marco A. Rojas Razo

Chapter 7

Adv#: 6:20-01162 Bui v. Rojas

#4.00

Civ. Code §§ 3439.04, 3439.07, 3439.08]; 2) Avoidance Of Constructive

Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 550, 551; Cal.

Civ. Code §§ 3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3) Disallowance Of

Claims [11 U.S.C. § 502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; and 5)

From: 12/3/20,1/26/21,4/27/21

Docket 1

*** VACATED *** REASON: OIRDER DISMISSING ADVERSARY ENTERED 4/29/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marco A. Rojas Razo Represented By Joseph A Weber Fritz J Firman

Defendant(s):

Luis Armando Rojas Represented By Fritz J Firman

Plaintiff(s):

Lynda T. Bui Represented By

Rika Kido

Leonard M Shulman

9:00 AM

CONT...

Trustee(s):

Marco A. Rojas Razo

Chapter 7

Lynda T. Bui (TR) Represented By Rika Kido

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#5.00

CONT. Hrg. on Defendants J. Cedric Simpson, Kirk W. Tabbey and Richard F. Conlin Motion to Dismiss Adversary Proceeding

From: 4/27/21

Docket 12

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The disputes between Mr. Hann and the various defendants have been pending for a number of years. The Court believes there is a chance the parties may be able to amicably resolve their differences through mediation. Recognizing that (1) mediation may be an unfamiliar proceeding for some of the parties to this action, (2) there are many parties involved, and (3) some of the parties hereto may be unfamiliar with bankruptcy practice in the Central District of California, the Court will order all these related proceedings into a single mediation and will allow abundant time for the

9:00 AM

CONT...

Gary S. Hann

Chapter 7

parties to select a mediator (and an alternate mediator in the event the primary mediator is unwilling or unable to serve) and for such mediation to be conducted and to conclude (it is possible that multiple mediation sessions may be required).

For these reasons, the Court will order the parties to file an Order Assigning Matter to Mediation Program and Appointing Mediator and Alternate Mediator with the box checked for "Exhibit Attached (Parties Signature Page)" and such Exhibit completed and signed on or before August 15, 2021. The form order may be obtained at the following link: Order Assigning Matter to Mediation Program and Appointing Mediator and Alternate Mediator (Form 702) | Central District of California | United States Bankruptcy Court (uscourts.gov).

The Court sets all these matters for a further status conference on Tuesday, January 18, 2021 at 9:00 a.m. The Court will further order Mr. Hann to file a status report on or before December 17, 2021, to which any party may reply or respond by filing a pleading on or before January 7, 2021.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Represented By Stuart J Wald

Richard E Conlin Pro Se

Kirk W Tabbey Represented By Stuart J Wald

James A Fink Represented By

Kathryn M.S. Catherwood

Fink & Fink PLLC Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Plaintiff(s):

Gary Steven Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#6.00

CONT. Hrg. on Plaintiff's Motion for Default Judgment against J. Cedric Simpson; Richard E. Conlin; Kirk W. Tabbey, James A. Fink, Fink and Fink, PLLC

From: 4/13/21

Docket 4

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

to conclude (it is possible that multiple mediation sessions may be required).

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Pro Se

Richard E Conlin Pro Se

Kirk W Tabbey Pro Se

James A Fink Pro Se

Fink & Fink PLLC Pro Se

Movant(s):

Gary Steven Hann Pro Se

Plaintiff(s):

Gary Steven Hann Pro Se

9:00 AM

CONT...

Trustee(s):

Gary S. Hann

Chapter 7

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#7.00

CONT. STATUS CONFERENCE re: Complaint by Gary Steven Hann against J Cedric Simpson , Richard E Conlin , Kirk W Tabbey , James A Fink , Fink & Fink PLLC . ($350.00 Fee Not Required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) ,(21 (Validity, priority or extent of lien or other interest in property)) ,(72 (Injunctive relief - other)) ,(91 (Declaratory judgment))

From: 4/13/21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

bankruptcy practice in the Central District of California, the Court will order all these related proceedings into a single mediation and will allow abundant time for the parties to select a mediator (and an alternate mediator in the event the primary mediator is unwilling or unable to serve) and for such mediation to be conducted and to conclude (it is possible that multiple mediation sessions may be required).

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Pro Se

Richard E Conlin Pro Se

Kirk W Tabbey Pro Se

James A Fink Pro Se

Fink & Fink PLLC Pro Se

Plaintiff(s):

Gary Steven Hann Pro Se

9:00 AM

CONT...

Trustee(s):

Gary S. Hann

Chapter 7

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#8.00

CONT. Hrg. on Defendants' James A. Fink and Fink & Fink PLLC's Motion filed 3/29/21 to dismiss

From: 4/20/21

Docket 8

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant. Although there are a few references to the Finks in Mr. Hann's omnibus opposition, they do not refute arguments for dismissal made by the Finks.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Represented By

9:00 AM

CONT...

Gary S. Hann

Stuart J Wald

Chapter 7

Richard E Conlin Pro Se

Kirk W Tabbey Represented By Stuart J Wald

James A Fink Represented By

Kathryn M.S. Catherwood

Fink & Fink PLLC Pro Se

Movant(s):

James A Fink Represented By

Kathryn M.S. Catherwood

Plaintiff(s):

Gary Steven Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#9.00

CONT. Hrg. on Defendant Old Republic title Insurance Co's Motion filed 3/4/21 to Dismiss Adversary Proceeding

From: 4/13/21

Docket 4

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi

Karl V Fink Pro Se

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Washtenaw County Civil Division Pro Se

Movant(s):

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#10.00

CONT. Defendant Brickhaven Condominium Association Motion filed 3/8/21 to Dismiss Adversary Proceeding

From: 4/20/21

Docket 6

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

to conclude (it is possible that multiple mediation sessions may be required).

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Vanessa H Widener

Washtenaw County Civil Division Pro Se Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By

9:00 AM

CONT...

Gary S. Hann

Nabeel M Zuberi Vanessa H Widener

Chapter 7

Karl V Fink Represented By

Kathryn M.S. Catherwood

Movant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#11.00

CONT. Defendants Karl V. Fink, Naomi E. Fink and Fink & Fink PLLC's Motion filed 3/29/21 to Dismiss Adversary

From: 4/20/21

Docket 19

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

9:00 AM

CONT...

Gary S. Hann

Christopher Reilly

Chapter 7

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi Vanessa H Widener

Karl V Fink Represented By

Kathryn M.S. Catherwood

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Vanessa H Widener

Washtenaw County Civil Division Pro Se

Movant(s):

Karl V Fink Represented By

Kathryn M.S. Catherwood

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#12.00

CONT. Plaintiff's Motion for Default Judgment under LBR 7055-1 From: 4/20/21

Docket 14

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

to conclude (it is possible that multiple mediation sessions may be required).

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi Vanessa H Widener

Karl V Fink Represented By

Kathryn M.S. Catherwood

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Vanessa H Widener

Washtenaw County Civil Division Pro Se

Movant(s):

Gary S Hann Pro Se

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#13.00

CONT. STATUS CONFERENCE re: Complaint by Gary S Hann, against Brickhaven Condominium Assoc., a Michigan Non Profit Corp and Its Board of Directors , Rami Hjazi , Pamela Palmieri , Huy Nguyen Hoang-La , Karl V Fink , Naomi E Fink , Fink & Fink PLLC , Old Republic Title Insurance Co , Washtenaw County Civil Division Sheriff James B Damron in his official Capacity and as an Individual . ($350.00 Fee Not Required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) ,(21 (Validity, priority or extent of lien or other interest in property)) ,(72 (Injunctive relief - other)) ,(91 (Declaratory judgment))

From: 4/20/21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

many parties involved, and (3) some of the parties hereto may be unfamiliar with bankruptcy practice in the Central District of California, the Court will order all these related proceedings into a single mediation and will allow abundant time for the parties to select a mediator (and an alternate mediator in the event the primary mediator is unwilling or unable to serve) and for such mediation to be conducted and to conclude (it is possible that multiple mediation sessions may be required).

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi Vanessa H Widener

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Karl V Fink Represented By

Kathryn M.S. Catherwood

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Vanessa H Widener

Washtenaw County Civil Division Pro Se

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01018 Hann v. Sakaya et al

#14.00

CONT. Plaintiff's Motion for Default Judgment From: 4/20/21

Docket 6

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Francis P Sakaya Represented By Todd L Turoci

Jacqueline Mbwille Represented By Todd L Turoci

Babalao Investors LLC Represented By Todd L Turoci

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By David D Samani

Movant(s):

Gary S Hann Pro Se

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01018 Hann v. Sakaya et al

#15.00

CONT. Hrg. on Defendants' Motion filed 3/10/21 to Dismiss Adversary Proceeding Pursuant to FRCP 12(b)(6)

From: 4/20/21

Docket 4

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

to conclude (it is possible that multiple mediation sessions may be required).

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Francis P Sakaya Represented By Todd L Turoci

Jacqueline Mbwille Represented By Todd L Turoci

Babalao Investors LLC Represented By Todd L Turoci

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By David D Samani

9:00 AM

CONT...

Movant(s):

Gary S. Hann

Chapter 7

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By David D Samani

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01018 Hann v. Sakaya et al

#16.00

CONT. STATUS CONFERENCE re: Complaint by Gary S Hann against Francis P Sakaya , Jacqueline Mbwille , Babalao Investors LLC, Collis Griffor & Hendra PC , Stuart M Collis. ($350.00 Fee Not Required). (Attachments: #(1) Part 2 of 4 #(2) Part 3 of 4 #(3) Part 4 of 4) Nature of Suit: (11 (Recovery of

money/property - 542 turnover of property)) ,(21 (Validity, priority or extent of lien or other interest in property)) ,(72 (Injunctive relief - other)) ,(91 (Declaratory judgment))

From: 4/20/21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Gary S. Hann

Chapter 7

related proceedings into a single mediation and will allow abundant time for the parties to select a mediator (and an alternate mediator in the event the primary mediator is unwilling or unable to serve) and for such mediation to be conducted and to conclude (it is possible that multiple mediation sessions may be required).

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Francis P Sakaya Represented By Todd L Turoci

Jacqueline Mbwille Represented By Todd L Turoci

Babalao Investors LLC Represented By Todd L Turoci

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By

9:00 AM

CONT...

Gary S. Hann

David D Samani

Chapter 7

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:19-18367

Affordable Auto Repair, Inc.

Chapter 11

Adv#: 6:21-01027 QuarterSpot, Inc. et al v. Blickhan

#17.00

Plaintiff and Counter-Defendant Quarterspot, Inc.Motion filed 5/11/21 to Dismiss Amended Counterclaims

Docket 33

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Pursuant to a concession made by defendant/counterclaim-plaintiff Blickhan ("Mr. Blickhan"), the Court will dismiss causes of action for fraud and RICO as stated in the Amended Counterclaims on the ground of lack of standing (the first and second causes of action).

This leaves the Amended Counterclaims cause of action for a declaratory judgment (the third cause of action). Plaintiff/counterclaim defendant Quarterspot, Inc. ("Quarterspot") argues in its motion to dismiss the third cause of action that Quarterspot never accepted Mr. Blickhan’s revocation of the guaranty. In the context of a motion to dismiss, the Court is required to accept as true all well-pleaded factual allegations in the complaint. The Amended Counterclaims allege that Mr. Blickhan revoked the guaranty at issue. The Court regards this allegation as well pleaded and

9:00 AM

CONT...

Affordable Auto Repair, Inc.

Chapter 11

accepts it as true. A motion to dismiss is not an appropriate litigation vehicle for determining what was and what was not mailed or received by the addressee, as Quarterspot attempts to argue in its motion to dismiss.

In this adversary proceeding, there is an actual controversy between the parties: is Mr. Blickhan liable or not liable to Quarterspot under the guaranty he gave, and if he is liable, in what amount is he liable? This actual controversy satisfies the requirements of the Declaratory Judgment Act, 11 U.S.C. § 2201(a). Quarterspot’s argument to the contrary lacks merit.

Finally, Quarterspot argues that the alteration of Affordable Auto Repair’s obligations to Quarterspot under Affordable Auto Repair’s confirmed chapter 11 plan did not work any alteration of Mr. Blickhan’s obligations under the guaranty to Quarterspot. This issue requires an analysis of the original promissory note and/or loan agreement, the guaranty, the agreement between Quarterspot and Affordable Auto Repair regarding Quarterspot’s claim in the case and possible other documents as well.

Quarterspot’s motion to dismiss fails to analyze these key documents in any meaningful fashion and therefore fails to make a sufficient showing that its motion to dismiss should be granted.

For the reasons stated above, the Court grants the motion to dismiss as to the first and second cause of action in the Amended Counterclaims (i.e., fraud and RICO violatios) and denies it with prejudice as to the third cause of action (declaratory judgment).

Quarterspot’s request for judicial notice is granted.

MR. BLICKHAN TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

9:00 AM

CONT...

Debtor(s):

Affordable Auto Repair, Inc.

Chapter 11

Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd

Defendant(s):

Douglas Blickhan Represented By Michael Jones

Movant(s):

QuarterSpot, Inc. Represented By Robert J Im

QuarterSpot, Inc. Pro Se

Plaintiff(s):

QuarterSpot, Inc. Represented By Robert J Im

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#1.00

CONT. Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 5-1 by Claimant Akbar Razavi in the amount of $1,000,000.00

From: 4/27/21

Docket 158

*** VACATED *** REASON: CONTINUED TO 7/20/21 BY ORDER ENTERED 5/28/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#2.00

CONT. Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 6-1 by Claimant Akbar Razavi in the amount of $1,280,606.00

From: 4/27/21

Docket 159

*** VACATED *** REASON: WITHDRAWN ON 5/28/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#3.00

CONT. Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 12-1 by Claimant Syed (Raza) Razavi in the amount of $1,000,000.00

From: 4/27/21

Docket 160

*** VACATED *** REASON: CONTINUED TO 7/20/21 BY ORDER ENTERED 5/28/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#4.00

CONT. Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 13-1 by Claimant Syed (Raza) Razavi in the amount of $1,037,290.80

From: 4/27/21

Docket 161

*** VACATED *** REASON: WITHDRAWN ON 5/28/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#5.00

CONT. Hrg. on Debtor's Objection filed 3/23/21 to Claim No. 7-1 by Claimant Akbar Razavi in the amount of $373,369.23

From: 4/27/21

Docket 144

*** VACATED *** REASON: CONTINUED TO 7/20/21 BY ORDER ENTERED 5/28/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#6.00

From: 4/13/21

Docket 1

*** VACATED *** REASON: ADVANCED TO 9:00 CALENDAR BY ORDER ENTERED 5/19/21

Tentative Ruling:

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Pro Se

Richard E Conlin Pro Se

Kirk W Tabbey Pro Se

James A Fink Pro Se

Fink & Fink PLLC Pro Se

Plaintiff(s):

Gary Steven Hann Pro Se

2:00 PM

CONT...

Trustee(s):

Gary S. Hann

Chapter 7

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

2:00 PM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#7.00

CONT. Hrg. on Plaintiff's Motion for Default Judgment against J. Cedric Simpson; Richard E. Conlin; Kirk W. Tabbey, James A. Fink, Fink and Fink, PLLC

From: 4/13/21

Docket 4

*** VACATED *** REASON: ADVANCED TO 9:00 A.M. CALENDAR BY ORDER ENTERED 5/19/21

Tentative Ruling:

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Pro Se

Richard E Conlin Pro Se

Kirk W Tabbey Pro Se

James A Fink Pro Se

Fink & Fink PLLC Pro Se

Movant(s):

Gary Steven Hann Pro Se

Plaintiff(s):

Gary Steven Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By

2:00 PM

CONT...

Gary S. Hann

Leonard M Shulman Melissa Davis Lowe

Chapter 7

2:00 PM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01009 Hann v. Simpson et al

#8.00

CONT. Hrg. on Defendants J. Cedric Simpson, Kirk W. Tabbey and Richard F. Conlin Motion to Dismiss Adversary Proceeding

From: 4/27/21

Docket 12

*** VACATED *** REASON: ADVANCED TO 9:00 A.M. CALENDAR BY ORDER ENTERED 5/19/21

Tentative Ruling:

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

J Cedric Simpson Represented By Stuart J Wald

Richard E Conlin Pro Se

Kirk W Tabbey Represented By Stuart J Wald

James A Fink Represented By

Kathryn M.S. Catherwood

Fink & Fink PLLC Pro Se

Plaintiff(s):

Gary Steven Hann Pro Se

2:00 PM

CONT...

Trustee(s):

Gary S. Hann

Chapter 7

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

2:00 PM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#9.00

CONT. Hrg. on Defendant's Motion filed 3/4/21 to Dismiss Adversary Proceeding

From: 4/13/21

Docket 4

*** VACATED *** REASON: ADVANCED TO 9:00 AM CALENDAR BY ORDER ENTERED 5/19/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi

Karl V Fink Pro Se

Naomi E Fink Pro Se

Fink & Fink PLLC Pro Se

2:00 PM

CONT...

Gary S. Hann

Chapter 7

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Washtenaw County Civil Division Pro Se

Movant(s):

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

2:00 PM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#1.00

Hearing RE: Order to Show Cause Why Debtor Global Discovery Biosciences Corporation Should Not Be Removed as Debtor-In-Posession Pursuant to 11

U.S.C. Section 1185 (OSC entered 5-19-21)

Docket 74

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant the Order to Show Cause and remove Debtor-in-Possession for cause pursuant to 11 U.S.C. § 1185(a) for the reasons argued by the United States Trustee, Trivalley and Khalid Bin Jabor Al Thani. The Court will not dismiss the case at this time.

UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Global Discovery Biosciences Represented By Jeffrey I Golden Beth Gaschen

2:00 PM

CONT...

Trustee(s):

Global Discovery Biosciences Corporation, a Delawa

Sonja Hourany

Chapter 11

Mark M Sharf (TR) Pro Se

9:00 AM

8:21-10319

Robert Steven Glass

Chapter 13

#1.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-29-21

Docket 13

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Robert Steven Glass Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10839

Alfred Arenz

Chapter 13

#2.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Alfred Arenz Represented By

Amanda G. Billyard

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11046

Ernesto Rafael Montalvo

Chapter 13

#3.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Ernesto Rafael Montalvo Represented By Juan F Dotson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10999

Hoang Anh Bui

Chapter 13

#4.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED ON 5-10-21 (DOCKET NO. 12).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Hoang Anh Bui Represented By Charles Martin

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10861

Manuel Figueroa

Chapter 13

#5.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 2

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 4-26-21 (DOCKET NO. 14).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Manuel Figueroa Represented By Andrew Moher

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10672

Quinn Lee Miller and Dora Beltran Miller

Chapter 13

#6.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-27-21

Docket 21

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Quinn Lee Miller Represented By John Asuncion

Joint Debtor(s):

Dora Beltran Miller Represented By John Asuncion

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10732

Shayna Ann Yamada

Chapter 13

#7.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-27-21

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Shayna Ann Yamada Represented By

D Justin Harelik

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10722

Jacqueline C Bowman and Collin L Bowman

Chapter 13

#8.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-27-21

Docket 18

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Jacqueline C Bowman Represented By Julie J Villalobos

Joint Debtor(s):

Collin L Bowman Represented By Julie J Villalobos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-14679

Virginia Ann Von Schaefer

Chapter 13

#1.00

Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments

(Motion filed 5-7-21)

Docket 69

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER VOLUNTARY DISMISSAL OF MOTION ON 5-27-21 (DOCKET NO. 82).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Virginia Ann Von Schaefer Represented By Omero Banuelos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-14679

Virginia Ann Von Schaefer

Chapter 13

#2.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 4-7-21)

(Set per notice filed 5-7-21)

Docket 60

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER VOLUNTARY DISMISSAL OF MOTION ON 5-27-21 (DOCKET NO. 82).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Virginia Ann Von Schaefer Represented By Omero Banuelos

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-14712

John Kevin Stroh

Chapter 13

#3.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 5-4-21)

(Set per notice filed 5-19-21)

Docket 131

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 6-3-21 (DOCKET NO. 137).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Kevin Stroh Represented By Andy C Warshaw

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-10738

Alfredo Alvarado

Chapter 13

#4.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 5-4-21)

(Set per opposition filed 5-17-21)

Docket 95

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 6-3-21 (DOCKET NO. 100).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alfredo Alvarado Represented By Norma Duenas

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-11271

Nathan Christopher Harris

Chapter 13

#5.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 5-4-21)

(Set per notice filed 5-14-21)

Docket 55

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant Debtor's motion to modify upon the terms and conditions specified by the Chapter 13 Trustee and will permit the Chapter 13 Trustee to withdraw his motion to dismiss.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Nathan Christopher Harris Represented By

D Justin Harelik

10:15 AM

CONT...

Trustee(s):

Nathan Christopher Harris

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-11271

Nathan Christopher Harris

Chapter 13

#6.00

Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments

(Motion filed 5-14-21)

Docket 57

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant Debtor's motion to modify upon the terms and conditions specified by the Chapter 13 Trustee and will permit the Chapter 13 Trustee to withdraw his motion to dismiss.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Nathan Christopher Harris Represented By

D Justin Harelik

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

CONT...

Nathan Christopher Harris

Chapter 13

10:15 AM

8:19-11454

Laura Jean Holloway

Chapter 13

#7.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 4-7-21)

(Set per opposition filed 4-30-21)

Docket 69

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire of the Chapter 13 Trustee whether, as alleged by Debtor, all delinquencies have been cured.

Party Information

Debtor(s):

Laura Jean Holloway Represented By Anthony B Vigil

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-11776

Lisa Cordes

Chapter 13

#8.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 5-4-21)

(Set per opposition filed 5-21-21)

Docket 38

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Lisa Cordes Represented By

Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

CONT...

Lisa Cordes

Chapter 13

9:00 AM

8:18-10264

Mindy Gay Kennedy Alvarez

Chapter 13

#1.00

Motion for relief from stay [Action In Non-Bankruptcy Forum]

Evita Panilawon Yniguez vs DEBTOR (Motion filed 5-10-21)

[RE: Case Name: Yniguez v Randy Alvarez Marques; Mindy Kennedy Alvarez et al]

[Docket Number: No: 30-2017-00938360] [Pending In: Orange County Superior Court Case]

[Tele. appr., Ryan M. Davies, repr., Evita Yniguez, Creditor]

Docket 166

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

§ 501 and/or a complaint to determine the nondischargeability of the debt.

9:00 AM

CONT...

Mindy Gay Kennedy Alvarez

Chapter 13

Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.

The Court will grant annulment and terminate the co-debtor stay. The 14-day stay provided by Rule 4001(a)(3) is waived.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Mindy Gay Kennedy Alvarez Represented By

Misty A Perry Isaacson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:19-11284

Marlene Margaret Velasquez and Jose Angel Velasquez, Jr.

Chapter 13

#2.00

Motion for relief from stay [Real Property]

NewRez LLC d/b/a Shellpoint Mortgage Servicing, its assignees and/or successors vs DEBTOR

(Motion filed 5-21-21)

[RE: 11862 Geode Avenue, Fountain Valley, CA 92708]

[Tele. appr., Jennifer C. Wong, repr., NewRez, LLC, Creditor]

Docket 43

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

§ 501 and/or a complaint to determine the nondischargeability of the debt.

Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise

9:00 AM

CONT...

Marlene Margaret Velasquez and Jose Angel Velasquez, Jr.

Chapter 13

under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.

The Court will confirm the Debtor is a "borrower" under the California Civil Code. The 14-day stay provided by Rule 4001(a)(3) is waived.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Marlene Margaret Velasquez Represented By Tom A Moore

Joint Debtor(s):

Jose Angel Velasquez Jr. Represented By Tom A Moore

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:19-12715

Andrea Mythanh Le

Chapter 7

#3.00

CONT'D Motion for relief from stay [Real Property]

Wells Fargo Bank, N.A. vs DEBTOR (Motion filed 4-5-21)

[RE: 13192 Rolling Hills Lane, Victorville, California 92395]

FR: 5-10-21

Docket 98

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO JULY 19, 201 AT 9:00 AM ENTERED ON 6-1-21 (DOCKET NO. 119).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Mythanh Le Represented By Christopher J Langley

Trustee(s):

Karen S Naylor (TR) Represented By Nathan F Smith Arturo M Cisneros

9:00 AM

8:20-10412

Cynthia Bray Dimel

Chapter 13

#4.00

CONT'D Motion for relief from stay [Personal Property]

Wells Fargo Bank, N.A., d/b/a Wells Fargo Auto vs DEBTOR (Motion filed 3-23-21)

[RE: 2017 Volvo XC60 - VIN No.: YV449MRS3H2016113]

FR: 4-19-21

[Tele. appr., Josephine E. Salmon, repr., Wells Fargo Bank, N.A., Creditor]

Docket 53

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of the Parties' efforts to agree upon an APO.

Party Information

Debtor(s):

Cynthia Bray Dimel Represented By Christopher J Langley

9:00 AM

CONT...

Trustee(s):

Cynthia Bray Dimel

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#5.00

Motion for relief from stay [Action In Non-Bankruptcy Forum]

Fineline Woodworking, Inc., dba Fineline Architectural Milwork, Inc. (Motion filed 4-22-21)

[Case Name: Fineline Architectural Millwork, Inc v 239 Carnation, LLC at al] [Docket No. 30-2019-01050953-CU-BC-CJC]

[Pending In: Orange County Superior Court] [Tele. appr., Beth Gaschen, repr., Debtor]

[Tele. appr., Eoin L. Kreditor, repr., Fineline Woodworking, Creditor] [Tele. appr., Zi C. Lin, repr., Bridge Loan Financial, Inc., Creditor]

Docket 100

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The bad faith allegation requires an evidentiary hearing for the Court to be able to determine the presence or absence of bad faith. Such hearings cannot be conducted at the present time due to the pandemic.

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

The Court will continue this hearing to August 30, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodworking, Inc. v. Bridge Loan Financial, Inc. et al

#6.00

CONT'D Hearing RE: Order to Show Cause Re Abstention (OSC set 1-22-21)

FR: 3-24-21; 5-19-21

[Tele. appr., Beth Gaschen, repr., Debtor]

[Tele. appr., Eoin L. Kreditor, repr., Fineline Woodworking, Creditor] [Tele. appr., Zi C. Lin, repr., Bridge Loan Financial, Inc., Creditor]

Docket 48

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the OSC and abstain from hearing this Adversary Proceeding. COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

239 Carnation LLC, a Texas Limited Liability Compa

Party Information

Chapter 11

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Bridge Loan Financial, Inc. Represented By Zi Chao Lin

Steven Perkins Represented By Katharine B Lau

239 Carnation, LLC Represented By Beth Gaschen

Mola Builders, Inc. Pro Se

Plaintiff(s):

Fineline Woodworking, Inc. Represented By James A Hayes Jr Eoin L Kreditor Brook J Changala

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Adv#: 8:20-01112 Fineline Woodworking, Inc. v. Bridge Loan Financial, Inc. et al

#7.00

CONT'D Hearing RE: Defendant Perkins' Motion to Dismiss (Motion filed 12-14-20)

FR: 1-20-21; 3-24-21; 5-19-21

[Tele. appr., Beth Gaschen, repr., Debtor]

[Tele. appr., Eoin L. Kreditor, repr., Fineline Woodworking, Creditor] [Tele. appr., Zi C. Lin, repr., Bridge Loan Financial, Inc., Creditor]

Docket 41

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will deny the Motion as moot in view of the Court's decision to abstain from hearing this Adversary Proceeding.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

239 Carnation LLC, a Texas Limited Liability Compa

Party Information

Chapter 11

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

Defendant(s):

Bridge Loan Financial, Inc. Represented By Zi Chao Lin

Steven Perkins Represented By Katharine B Lau

239 Carnation, LLC Represented By Beth Gaschen

Mola Builders, Inc. Pro Se

Movant(s):

Steven Perkins Represented By Katharine B Lau

Plaintiff(s):

Fineline Woodworking, Inc. Represented By James A Hayes Jr Eoin L Kreditor Brook J Changala

9:00 AM

8:20-13014

Northern Holdings, LLC

Chapter 11

#8.00

CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)

Requiring Report On Status Of Chapter 11 Case (Petition filed 10/28/2020)

FR: 1-13-21; 2-24-21; 3-22-21

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee] [Tele. appr., Roksana D. Moradi-Brovia., repr., Debtor]

[Tele. appr., Reed S. Waddell, repr., Farm Credit West, Secured Creditor]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The status conference is moot in view of the Court's tentative ruling dismissing the case.

Party Information

9:00 AM

CONT...

Debtor(s):

Northern Holdings, LLC

Chapter 11

Northern Holdings, LLC Represented By Matthew D. Resnik

9:00 AM

8:20-13014

Northern Holding, LLC

Chapter 11

#9.00

CONT'D Hearing RE: Motion by United States Trustee to Dismiss or Convert Case Pursuant to 11 U.S.C. Section 1112(B)

(Motion filed 2-16-21)

FR: 3-22-21

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee] [Tele. appr., Roksana D. Moradi-Brovia., repr., Debtor]

[Tele. appr., Reed S. Waddell, repr., Farm Credit West, Secured Creditor]

Docket 60

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the UST's motion and dismiss the case for "cause" pursuant to 11

U.S.C. § 1112(b)(1), namely:

9:00 AM

CONT...

Northern Holding, LLC

Chapter 11

Unauthorized use of cash collateral;
Mismanagement of estate funds; and
The Debtor's failure to timely file monthly operating reports.

UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

9:00 AM

8:20-13014

Northern Holdings, LLC

Chapter 11

#10.00

CONT'D Motion for relief from stay [Real Property]

Farm Credit West, FLCA vs DEBTOR (Motion filed 11-6-20)

[RE: 2380 Live Oak Rd, Paso Robles, CA 93446]

FR:11-30-21; 3-22-21

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee] [Tele. appr., Roksana D. Moradi-Brovia., repr., Debtor]

[Tele. appr., Reed S. Waddell, repr., Farm Credit West, Secured Creditor]

Docket 11

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

9:00 AM

CONT...

Northern Holdings, LLC

Chapter 11

debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holdings, LLC Represented By Matthew D. Resnik

2:00 PM

8:18-11759

Chester Davenport

Chapter 7

Adv#: 8:18-01155 Naylor v. Sun et al

#1.00

CONT'D Hearing RE: Examination of Judgment Debtor Bianca Sun (Application filed 11-13-20)

(Set per order entered 11-25-20) FR: 4-7-21

Docket 235

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court expects to be back to in-person hearings soon, but no date has been set yet. The Court will continue this hearing to July 19, 2021 at 2:00 p.m. Ms. Sun is ordered to be physically present in Courtroom 6C at that date and time.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

2:00 PM

CONT...

Chester Davenport

Chapter 7

Defendant(s):

Bianca Sun Represented By

Donald W Sieveke

Yan Yu Sun Represented By

Donald W Sieveke

Movant(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

2:00 PM

8:18-13870

Francisco Ramirez Ramirez and Aurora Mendez Barajas

Chapter 13

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Objection To Proof Of Claim:

Claim No. 3 Investment Consultants, Inc. $163284.01 (Motion filed 3/29/2019]

(Order Entered 9/27/2019)

[Case Transferred from CB on 7/31/2020]

[Case Remanded And Reversed (Docket No. 70)

(S/C set per Order Entered 8/4/2020)

FR: 5-9-19; 8-8-19; 10-7-20; 1-11-21; 4-26-21

[Tele. appr., Fritz J. Firman, repr., Plaintiff]

[Tele. appr., Misty A. Perry-Isaacson, repr., Debtor]

Docket 39

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of the settlement.

2:00 PM

CONT...

Debtor(s):

Francisco Ramirez Ramirez and Aurora Mendez Barajas

Party Information

Chapter 13

Francisco Ramirez Ramirez Represented By

Misty A Perry Isaacson

Joint Debtor(s):

Aurora Mendez Barajas Represented By

Misty A Perry Isaacson

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#3.00

CONT'D Evidentiary Hearing RE: Fifth Amendment Privilege (Mr. Derek Doherty Is Ordered To Personally Appear) (Record Will Be Sealed)

(Set per Order Entered 4-22-2020 - Docket No. [196])

FR: 6-29-20; 11-16-20; 3-15-21; 5-24-21

[Tele. appr., Roye Zur, repr., Jeffrey I. Golden, Trustee]

Docket 196

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to August 2, 2021 at 2:00 p.m. with the expectation that the Court will be able to conduct in-person proceedings at that point. Mr. Derek Doherty is ordered to appear in person in Courtroom 6C at that date and time.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

US Direct LLC

Chapter 7

US Direct LLC Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#3.10

CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Compelling Examination Of And Production Of Documents By Derek Doherty Pursuant To Federal Rule Of Bankruptcy Procedure 2004

(Motion filed 3/13/20)

FR: 4-13-20, 8-10-20; 12-14-20; 3-15-21; 5-24-21

[Tele. appr., Roye Zur, repr., Jeffrey I. Golden, Trustee]

Docket 186

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

US Direct LLC

Chapter 7

US Direct LLC Pro Se

Movant(s):

Jeffrey I. Golden, Chapter 7 Trustee Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#4.00

Hearing RE: The Chapter 7 Trustee's Motion for Issuance of an Order to Show Cause RE Civil Contempt Against Derek Doherty for Violation of This Court's Order

(Motion filed 3-29-21)

(Set Per Order Entered 3-29-21)

[Tele. appr., Roye Zur, repr., Jeffrey I. Golden, Trustee]

Docket 356

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

US Direct LLC

Chapter 7

US Direct LLC Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#5.00

Hearing RE: Martha Valentine's Motion For Entry Of An Order Applying Bankruptcy Rule 7023 To Her Class Proofs Of Claim And Certifying The Class And Subclass

(Motion filed 5-24-21)

[Tele. appr., Anthony R. Bisconti, repr., Robinson Pharma, Creditor] [Tele. appr., Osman Khan, repr., Vitamins Online Inc - LISTEN ONLY] [Tele. appr., Ronald A. Clifford, repr., Debtor]

[Tele. appr., Aaron J. Malo, repr., Maglevy Cataxinos and Greenwood, Interested Party]

[Tele. appr., Kathleen P. March, repr., Vitamins Online, Creditor] [Tele. appr., Seth A. Safier, repr., Martha Valentine, Creditor]

[Tele. appr., Jeffrey Shields, repr., Jones Waldo Holbrook & McDonough, Interested Party]

Docket 251

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

TELEPHONIC APPEARANCES REQUIRED.

Martha Valentine ("Movant") moves for entry of an order applying Bankruptcy Rule 7023 to her class proofs of claim and certifying class and subclass (the "Motion").

The Motion is opposed by debtor and debtor in possession Heartwise, Inc. ("Heartwise").

Federal Rule of Civil Procedure 23 does not apply automatically to contested matters, and the decision to extend its application is committed to the Court’s discretion. In re Musicland Holding Corp., 362 B.R. 644, 650 (Bankr. S.D.N.Y. 2007).

A single class action is sometimes preferable to an entire host of separate lawsuits in multiple forums where essentially the same issues are being litigated. However, a bankruptcy proceeding often alters the calculus on these matters by providing a single forum in which all claims can be adjudicated. As the court pointed out in In re Ephedra Prod. Liab. Litig., 329 B.R. 1, 9 (S.D.N.Y. 2005), " . . . this superiority of the class action vanishes when the other available method is bankruptcy, which consolidates all claims in one forum and allows claimants to file proofs of claim without counsel and at virtually no cost."

Here, no class was certified prepetition, and the Court determines that class certification will adversely affect the administration of the estate by injecting needless litigation involving class action issues. Such litigation is unnecessary because aggrieved individuals can simply file a proof of claim. Although members of the class Movant have not yet received notice of the bar date, the Court will remedy that deficiency through the procedures outlined below. Thus, it will be clear as of the adjusted bar date that all three Musicland factors cut against proceeding by way of class action. In re Musicland Holding Corp., 362 B.R. 644, 654 (Bankr. S.D.N.Y.

2007).

The analysis under the two-factor test of Chaparral Energy, 571 B.R. 642, 646 (Bankr.

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

D. Del. 2017) leads to the same result. It is not beneficial to apply Bankruptcy Rule 7023 because aggrieved individuals do not need a lead plaintiff advocating for them, they can simply file a proof of claim. Regarding the requirements of Civil Rule 23(a) (1), Movant has failed to make a sufficient showing that the class is so numerous that joinder of all members is impracticable. The best way to judge the size of the class is by the number of persons filing proofs of claim. If it turns out that a large number of persons file proofs of claim by the expanded bar date, the Court will give consideration to allowing Movant to renew her Motion.

Persons who are aggrieved for the reasons argued can simply file a proof of claim in this case. For that purpose, the Court will order debtor and debtor in possession Heartwise, Inc. ("Heartwise") to give notice by publication within fourteen (14) days of entry of the order denying the Motion of an expanded bar date with respect to claims based upon Heartwise’s nutritional supplements and will extend the bar date to July 31, 2021 for persons filing a proof of claim for alleged deception with respect to any supplement purchased by such person from Heartwise.

The Motion is denied without prejudice.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:21-10027

Jose G De Loera and Judith De Loera

Chapter 7

#6.00

Hearing RE: Chapter 7 Trustee Thomas H. Casey's Motion for Order Approving Sale and Settlement Agreement With the Debtors and Authorizing the Trustee to Abandon Real Property

(Motion filed 5-12-21)

[Tele. appr., Thomas H. Casey, repr., Trustee]

Docket 21

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEHPONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jose G De Loera Represented By Arlene M Tokarz

2:00 PM

CONT...

Jose G De Loera and Judith De Loera

Chapter 7

Joint Debtor(s):

Judith De Loera Represented By Arlene M Tokarz

Trustee(s):

Thomas H Casey (TR) Pro Se

2:00 PM

8:21-10060

Amir Saati

Chapter 7

#7.00

Hearing RE: Motion for Order Directing that the 341(a) Meeting of Creditors in this Case be Concluded

(Motion filed 5-24-21)

[Tele. appr., Michael Kogan, repr., Debtor]

[Tele. appr., Michael G. Spector, repr., Richard A. Marshack, Chapter 7 Trustee]

Docket 33

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Deny. The Trustee has shown good cause for the continuation of the 341(a) meeting. The Court notes that this case is barely 5 months old.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Amir Saati Represented By

2:00 PM

CONT...

Trustee(s):

Amir Saati

Michael S Kogan

Chapter 7

Richard A Marshack (TR) Pro Se

2:00 PM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#8.00

Hearing RE: U.S. Trustee Motion to dismiss or convert Pursuant to 11 U.S.C. § 1112(b)

(Motion filed 4-20-21)

[Tele. appr., Roger F. Friedman, repr., Bridge Loan Financial, Creditor] [Tele. appr., Eoin Kreditor, repr., Fineline Woodworking, Creditor] [Tele. appr., Zi C. Lin, repr., Bridge Loan Financial, Inc., Creditor]

Docket 97

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Debtor appears to be on the verge of making major progress in the case. The Court will continue the hearing to July 14, 2021 at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01018 Hann v. Sakaya et al

#1.00

Hrg. on Plaintiff's Motion For Summary Judgment under LBR 7056-, against Defendant Francis P. Sakaya, Jacqueline Mbwille, and Babalao Investors, LLC

Docket 19

*** VACATED *** REASON: CONTINUED TO 1/18/22 BY ORDER ENTERED 6/9/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Francis P Sakaya Represented By Todd L Turoci

Jacqueline Mbwille Represented By Todd L Turoci

Babalao Investors LLC Represented By Todd L Turoci

Collis Griffor & Hendra PC Represented By David D Samani

Stuart M Collis Represented By David D Samani

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By

9:00 AM

CONT...

Gary S. Hann

Leonard M Shulman Melissa Davis Lowe

Chapter 7

2:00 PM

6:17-18961

Joseph Edward Putney and Julie Anna Putney

Chapter 7

#1.00

Status Conference re: Hrg. on Order to Show Cause Re: Ming Cong Dang

From: 7/22/20,2/9/21,4/27/21

Docket 24

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Because of the Covid pandemic restrictions, the Court has limited opportunity to conduct in-person hearings. Continue to August 31, 2021 at 2:00 p.m. Ming Cong Dang is ordered to appear in person in Courtroom 6C at that date and time.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Joseph Edward Putney Represented By Jenny L Doling

2:00 PM

CONT...

Joseph Edward Putney and Julie Anna Putney

Summer M Shaw

Chapter 7

Joint Debtor(s):

Julie Anna Putney Represented By Jenny L Doling Summer M Shaw

Trustee(s):

Todd A. Frealy (TR) Pro Se

2:00 PM

6:18-20687

Jack E. Commeford

Chapter 7

#2.00

Hrg. on Trustee's Final Report and Applications for Compensation

Docket 35

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of $2,750.00 and expenses in the amount of $106.88.

2:00 PM

CONT...

Jack E. Commeford

Chapter 7

The compensation is approved as to Robert P. Goe, with fees in the amount of

$8,000.00 and expenses in the amount of $486.66.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jack E. Commeford Represented By Keith Q Nguyen

Trustee(s):

Karl T Anderson (TR) Represented By Robert P Goe

2:00 PM

6:19-17552

RVT Inc

Chapter 11

#3.00

CONT Hrg. on Chapter 11 Status Conference Also #4

From: 11/5/2020,2/16/21,4/20/21,4/27/21

Docket 15

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: August 10, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

RVT Inc Represented By

2:00 PM

CONT...

RVT Inc

Julie J Villalobos

Chapter 11

2:00 PM

6:19-17552

RVT Inc

Chapter 11

#4.00

CONT. Hrg. on Disclosure Statement Also #3

From: 1/12/21,4/27/21

Docket 143

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The amended plan provides for the payment of IRS and FTB claims at 100 cents on the dollar, but without any interest on the theory that the underlying claims do not demand or request the payment of interest. However, 11 U.S.C. §1129(a)(9)(C)(i) requires the "total value" of the stream of payments to taxing authorities holding eighth priority claims under 11 U.S.C. § 507(a)(8) to equal the full amount of the claim. Because a payment 12, 24 or 36 months after the plan effective date (by way of example) of X dollars does not have a present value of X dollars on the plan effective date (a payment today of X dollars is worth more than a payment of X dollars in the future, unless an overall deflation is existing in the economy), the stream of payments

2:00 PM

CONT...

RVT Inc

Chapter 11

to the IRS and FTB proposed under the amended plan does not satisfy the requirements of 11 U.S.C. § 1129(a)(9)(C)(i) and therefore the amended plan cannot be confirmed by the Court nor the amended disclosure statement approved.

RVT should build into its payments to the IRS and FTB the interest rate charged by such taxing authorities on unpaid taxes. See 11 U.S.C. § 511.

The Court will continue the disclosure statement hearing to August 10, 2021 at 2:00

p.m. and require a second amended plan and disclosure statement to be filed on or before July 12, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

RVT Inc Represented By

Julie J Villalobos

2:00 PM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#5.00

Hrg. on Application for Compensation for Robert S Altagen, Debtor's Attorney, Period: 3/19/2020 to 5/3/2021, Fee: $30975.00, Expenses: $0.00.

Docket 162

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will allow on an interim basis 80 percent of $30,975.00 in fees and 100 percent of expenses ($9,217.00). However, because Applicant has failed to disclose the working capital position of the Estate, no payment of allowed interim fees and costs is permitted until further order of the Court.

APPLICANT TO LODGE ORDER AFTER IT HAS BEEN APPROVED AS TO FORM BY UST VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Absolute Care Assisted Living & Represented By

Robert S Altagen

2:00 PM

6:20-12720

William Suddith Spann

Chapter 7

#6.00

Hrg. on Trustee's Final Report and Applications for Compensation

Docket 41

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of

$10,000.00 and expenses in the amount of $182.74.

2:00 PM

CONT...

William Suddith Spann

Chapter 7

The compensation is approved as to Donald T. Fife, with fees in the amount of

$1,000.00 and expenses in the amount of $0.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

William Suddith Spann Represented By Daniel King

Trustee(s):

Robert Whitmore (TR) Pro Se

9:00 AM

8:20-11329

Ilyas M. Chaudhary

Chapter 11

#1.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 11 Petition filed on 5/6/20)

FR: 7-8-20; 11-18-20; 3-24-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Continue the status conference to September 15, 2021 at 9:00 a.m. An updated status report is due September 1, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Ilyas M. Chaudhary

Chapter 11

Ilyas M. Chaudhary Represented By Kevin Tang

9:00 AM

8:19-13374

Martha S Adair

Chapter 11

#2.00

Hearing RE: Plan Trustees Motion For Order Approving (A) Sale Procedures And Break-Up Fee In Connection With Proposed Sale Of Substantially All Assets Of The Estate, (B) The Form And Manner Of The Sale Notice, (C) Scheduling An Auction And Sale Hearing, And (D) Scheduling Certain Deadlines (Motion filed 6-9-21)

Docket 211

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Martha S Adair Represented By Richard H Golubow Ryan A Baggs

10:00 AM

8:21-10577

Michelle Marie Ochs

Chapter 7

#1.00

Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA, Inc., successor in interest to Gateway One Lending & Finance, LLC

(Reaffirmation filed 5-12-21)

[RE: 2015 Nissan Versa - Amount: $3,456.79] [VIN No.: 3N1CE2CPXFL435786]

Docket 10

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is approved provided that the monthly payments are current, the vehicle is insured, and the Debtor feels comfortable with a reaffirmation of this debt.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Michelle Marie Ochs Pro Se

10:00 AM

CONT...

Trustee(s):

Michelle Marie Ochs

Chapter 7

Karen S Naylor (TR) Pro Se

10:00 AM

8:21-10789

Anthony Salina Orona

Chapter 7

#2.00

Hearing RE: Amended Pro se Reaffirmation Agreement Between Debtor And Orange County's Credit Union

(Reaffirmation filed 5/3/2021) (Amended Reaffirmation filed 5-18-21)

[2015 Honda Pilot SE - Amount: $21,162.74] [VIN No.: 5FNYF3H35FB026833]

Docket 14

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Anthony Salina Orona Represented By Marlin Branstetter

10:00 AM

CONT...

Trustee(s):

Anthony Salina Orona

Chapter 7

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:21-11424

Steven J. Williams

Chapter 13

#1.00

Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 6-14-2021)

(Set per OST entered 6-15-21)

[RE: 661 E. Fellows Drive, Orange, CA 92865]

Docket 13

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court intends to grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Steven J. Williams Represented By

James D. Hornbuckle

Trustee(s):

9:00 AM

CONT...

Steven J. Williams

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

6:17-20442

Timothy David Murphy

Chapter 7

#8.00

Law Offices of Larry Webb - movant attorney CONT. Motion for Relief from Stay

Mark M. Murphy Trustee of the Robert H. Murphy Trust

Re: ACTION IN NON-BANKRUPTCY FORUM RE: Action in Nonbankruptcy Forum related to the Robert H. Murphy Trust Dated 09/30/1991.

From: 5/11/21

Docket 170

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

In view of the stipulation between Movant and the Chapter 7 Trustee and the arguments made in the Motion, the Court grants the Motion under 11 U.S.C. §362(d) (1).

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

9:00 AM

CONT...

Debtor(s):

Timothy David Murphy

Chapter 7

Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles

Movant(s):

Mark M Murphy Represented By Larry D Webb

Trustee(s):

Lynda T. Bui (TR) Represented By

Michelle A Marchisotto John Paul Parks

9:00 AM

6:17-20442

Timothy David Murphy

Chapter 7

#9.00

Law Offices of Larry Webb - movant attorney CONT. Motion for Relief from Stay

Mark M. Murphy Trustee of the Shirley S. Murphy Trust

Re: ACTION IN NON-BANKRUPTCY FORUM RE: Action in Nonbankruptcy Forum related to the Shirley Soffell Murphy Trust dated 09/30/1991.

From: 5/11/21

Docket 171

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

In view of the stipulation between Movant and the Chapter 7 Trustee and the arguments made in the Motion, the Court grants the Motion under 11 U.S.C. §362(d) (1).

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

9:00 AM

CONT...

Debtor(s):

Timothy David Murphy

Chapter 7

Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles

Movant(s):

Mark M Murphy Represented By Larry D Webb

Trustee(s):

Lynda T. Bui (TR) Represented By

Michelle A Marchisotto John Paul Parks

9:00 AM

8:21-11234

JY Korea, Inc.

Chapter 11

#1.00

Motion for relief from stay [Unlawful Detainer]

ESK Huntington Beach, LLC; ESK Huntington Beach 2, LLC; and ROM Huntington Beach, LLC vs DEBTOR

(Motion filed 6-18-21)

[RE: 17236 Pacific Coast Hwy., Huntington Beach, CA 92649]

Docket 14

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO THIS AFTERNOON'S CALENDAR AT 2:00 PM ENTERED ON 7-6-21 (DOCKET NO. 20).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

JY Korea, Inc. Represented By Donald E Iwuchuku

9:00 AM

8:21-10960

Hyeok Jin Choi

Chapter 7

#2.00

Motion for relief from stay [Unlawful Detainer]

Wren LA JV, LLC vs DEBTOR

(Motion filed 6-11-21)

[RE: 1230 S. Olive Street #411, Los Angeles CA 90015]

Docket 8

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Hyeok Jin Choi

Party Information

Chapter 7

Hyeok Jin Choi Represented By Raymond J Seo

Trustee(s):

Karen S Naylor (TR) Pro Se

9:00 AM

8:21-10337

Jesus Enrique Tacuba Lujan

Chapter 7

#3.00

Motion for relief from stay [Action In Non-Bankruptcy Forum]

Uber Technologies, Inc. and Raiser, LLC vs DEBTOR (Motion filed 6-14-21)

[RE: Case Name: Jane Doe, an indvidual v. Uber Technologies, Inc., a Delaware corporation; Rasier LLC, a Delaware limited liability company; and Jesus Tacuba Lujan, an individual]

[Docket Number: CGC-20-584-648]

[Pending In: : Superior Court of the State of California County of San Francisco]

Docket 20

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION CONTINUING HEARING TO AUGUST 30, 2021 AT 9:00 AM ENTERED ON 7-9-21 (DOCKET NO. 24).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jesus Enrique Tacuba Lujan Represented By Giovanni Orantes

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

#4.00

Motion for relief from stay [Action In Non-Bankruptcy Forum]

Vitamins Online, Inc. vs DEBTOR (Motion filed 6-17-21)

[RE: Case Name: Vitamins Online, Inc. v. Heartwise, Inc. d/b/a/ NatureWise [Docket Number: 2:13-cv-00982-DAK]

[Pending In: U.S. District Court for the District of Utah]

Docket 310

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Deny with prejudice for the reasons argued by Heartwise, Inc. in its Opposition. HEARTWISE, INC. TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

9:00 AM

8:20-10053

Elmer R Ventura and Reinette A Ventura

Chapter 13

#5.00

Motion for relief from stay [Real Property]

Pennymac Loan Services, LLC vs DEBTOR (Motion filed 6-3-21)

[RE: 7807 Bellflower Drive, Buena Park, California 90620]

Docket 42

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

9:00 AM

CONT...

Debtor(s):

Elmer R Ventura and Reinette A Ventura

Party Information

Chapter 13

Elmer R Ventura Represented By Laleh Ensafi

Joint Debtor(s):

Reinette A Ventura Represented By Laleh Ensafi

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:19-10364

Zachary Nevada Wakefield and Nicole James Wakefield

Chapter 13

#6.00

Motion for relief from stay [Personal Property]

Toyota Trust Lease Trust, as serviced by Toyota Motor Credit Corporation d/b/a Toyota Financial Services vs DEBTOR

(Motion filed 5-24-21

[RE: 2018 Toyota Tundra - VIN No.: 5TFHY5F11JX703480]

Docket 58

*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED 7-8-21 (DOCKET NO. 74).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Zachary Nevada Wakefield Represented By Anthony B Vigil

Joint Debtor(s):

Nicole James Wakefield Represented By Anthony B Vigil

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:18-10218

Lourdes Watters

Chapter 13

#7.00

CONT'D Amended Motion for relief from stay [Real Property]

MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)

(Amended Motion filed 12-4-20)

[RE : 23905 Matador Way, Murrieta, CA 92562]

FR: 8-24-20; 10-5-20; 11-2-20; 12-7-20; 1-11-21; 2-22-21; 4-19-21, 5-24-21

Docket 69

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Parties' efforts to reach a settlement.

Party Information

Debtor(s):

Lourdes Watters Represented By Bryn C Deb

9:00 AM

CONT...

Trustee(s):

Lourdes Watters

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:16-10947

Gustavo Lara and Sandra Lara

Chapter 13

#10.00

Motion for relief from stay [Real Property]

PHH Mortgage Corporation vs DEBTOR (Motion filed 6-7-21)

[RE: 2252 Cranberry Rd, Tustin, CA 92780]

Docket 44

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. Terminate the co-debtor stay.

9:00 AM

CONT...

Gustavo Lara and Sandra Lara

Chapter 13

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Gustavo Lara Represented By

Rebecca Tomilowitz

Joint Debtor(s):

Sandra Lara Represented By

Rebecca Tomilowitz

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:21-11234

JY Korea, Inc.

Chapter 11

#1.00

Hearing RE: U.S. Trustee's Motion to Dismiss or Convert Case to One Under Chapter 7 Pursuant to 11 U.S.C. § 1112(b)

(Motion filed 5-25-21)

Docket 9

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant motion and convert the case to chapter 7 pursuant to 11 U.S.C. §1112(b)(1), (b) (4).

UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

JY Korea, Inc. Represented By Donald E Iwuchuku

2:00 PM

8:21-11234

JY Korea, Inc.

Chapter 11

#1.10

Motion for relief from stay [Unlawful Detainer]

ESK Huntington Beach, LLC; ESK Huntington Beach 2, LLC; and ROM Huntington Beach, LLC vs DEBTOR

(Motion filed 6-18-21)

[RE: 17236 Pacific Coast Hwy., Huntington Beach, CA 92649]

Docket 14

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Because this case likely will be converted to chapter 7, the Court will give a newly- appointed Chapter 7 Trustee time to evaluate the Movant's relief from stay motion. The hearing of the motion is continued to August 9, 2021 at 9:00 a.m. without prejudice to the rights of the parties to resolve this matter consensually.

COURT TO PREPARE ORDER.

2:00 PM

CONT...

Debtor(s):

JY Korea, Inc.

Party Information

Chapter 11

JY Korea, Inc. Represented By Donald E Iwuchuku

2:00 PM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#2.00

Hearing RE: Motion for Entry of Order Approving Stipulation for Relief from Stay Pursuant to 11 U.S.C. § 362 (Nonbankruptcy Action)

(Motion filed 5-25-21)

(Opposition filed 6-8-21) (Set per notice filed 6-11-21)

Docket 88

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will grant the motion under 11 U.S.C. §362(d)(1) upon the terms and conditions requested by the Subchapter V Trustee and will overrule arguments to the contrary made by the Khalid Parties in the reply.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Global Discovery Biosciences Represented By Jeffrey I Golden Beth Gaschen

2:00 PM

CONT...

Trustee(s):

Global Discovery Biosciences Corporation, a Delawa

Sonja Hourany

Chapter 11

Mark M Sharf (TR) Pro Se

2:00 PM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#2.10

CONT'D STATUS CONFERENCE RE: (1) Status Of Sub Chapter V Case; And

(2) Requiring Report On Status Of Sub Chapter V Case (Petition filed 3-11-21)

FR: 4-21-21: 7-7-21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Pursuant to the Subchapter V Trustee's request, the Court will continue this status conference to October 27, 2021 at 9:00 a.m. An updated status report is due October 13, 2021.

The Court found the Subchapter V Trustee's status report (Docket No. 124) to be helpful.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

Global Discovery Biosciences Represented By Jeffrey I Golden

Trustee(s):

Mark M Sharf (TR) Pro Se

2:00 PM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#3.00

Hearing RE: Motion for Reconsideration Under Rule 60(b) of the Order Granting in Part and Denying in Part Motion for Order: (1) Dismissing Debtor's Bankruptcy Case for Lack of Jurisdiction; (2) Dismissing Debtor's Bankruptcy Case for Cause Pursuant to Bankruptcy Code § 1112(b); (3) Abstaining from Debtor's Bankruptcy Case Pursuant to Bankruptcy Code § 305; or Alternatively, (4) Exercising Mandatory or Permissive Abstention Under 28 U.S.C. § 1334(c) Over the Question of Whether Debtor's Case was Properly Authorized to be Filed Under the Applicable Corporate Law; and (5) Awarding Sanctions for Violations of Bankruptcy Rule 9011

(Motion filed 6-2-21)

Docket 97

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO AUGUST 2, 2021 AT 2:00 PM ENTERED ON 6-30-21 (DOCKET NO. 120).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Global Discovery Biosciences Represented By Jeffrey I Golden Beth Gaschen Sonja Hourany

Trustee(s):

Mark M Sharf (TR) Pro Se

2:00 PM

8:21-10060

Amir Saati

Chapter 7

#4.00

Hearing RE: Motion to Compel Abandonment of Property by Trustee (Motion filed 6-1-21)

[RE: 13 West Yale Loop, Irvine, CA 92604]

Docket 37

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to November 8, 2021 at 2:00 p.m. to permit matters to come to rest regarding Debtor's claim of a homestead exemption.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Amir Saati Represented By

Michael S Kogan

Trustee(s):

Richard A Marshack (TR) Pro Se

2:00 PM

CONT...

Amir Saati

Chapter 7

2:00 PM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#5.00

Hearing RE: Debtors Motion for Order Approving Compromise and Amended Stipulation for Relief from the Automatic Stay

(Motion filed 6-4-21)

Docket 110

*** VACATED *** REASON: OFF CALENDAR - HEARING ADVANCED FROM JULY 12, 2021 AT 2:00 P.M TO JULY 7, 2021 AT 9:00 A.M., PER ORDER ENTERED JUNE 21, 2021 (DOCKET NO. 121)

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#6.00

Hearing RE: Third and Final Application for Compensation and Reimbursement of Expenses for the Period from December 1, 2020 to May 31, 2021.

(Motion filed 6-21-21)

[RE: Broadway Advisors, LLC, as Investment Banker and Financial Advisor of Debtor And Debtor in Possession and The Official Committee Of Unsecured Creditors]

[Fees: $321,840.00; Expenses: $0.00]

Docket 417

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on a final basis as to Broadway Advisors, LLC, with fees in the amount of $361,840.00 and expenses in the amount of $0.00.

Fees and costs previously awarded on an interim basis are now confirmed on a final basis.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Party Information

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#7.00

Hearing RE: Fourth and Final Application for Compensation and Reimbursement of Expenses for the Period from December 30, 2020 to June 21, 2021.

(Motion filed 6-21-21)

[RE: Goe Forsythe & Hodges LLP, Counsel for Debtor and Debtor in Possession]

[Fees: $196,219.00; Expenses: $852.55]

Docket 418

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on a final basis as to Goe Forsythe & Hodges LLP, with fees in the amount of $196,219.00 and expenses in the amount of $852.55.

Fees and costs previously awarded on an interim basis are now confirmed on a final basis.

The $42,807.28 holdback from the First Interim Application is allowed on a final basis and shall be paid.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7

2:00 PM

CONT...

DAYS.

Meade Instruments Corp.

Chapter 11

Party Information

Debtor(s):

Meade Instruments Corp. Represented By Robert P Goe

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#8.00

Hearing RE: Final Application for Allowance and Payment of Fees and Expenses for the Period from December 16, 2020 to May 31, 2021.

(Motion filed 6-15-21)

[RE: SulmeyerKupetz, A Professional Corporation - Counsel to the Official Creditor's Committee of Unsecured Creditors]

[Fees: $148,804.40; Expenses: $2,794.60]

Docket 407

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on a final basis as to SulmerKupetz, with fees in the amount of $148,804.40 and expenses in the amount of $2,794.60.

Fees and costs previously awarded on an interim basis are now confirmed on a final basis.

The $13,899.04 holdback is allowed on a final basis and shall be paid.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Party Information

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#9.00

Hearing RE: Application for Final Payment of Fees and/or Expenses for the Period from July 17, 2020 to June 17, 2021.

(Motion filed 6-18-21)

[RE: Enrique A. Maldonodo Montfort (Ishino, Esquer Y Armada), Special Counsel]

[Fees: $18,567.50, Expenses: $0.00]

Docket 412

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on a final basis as to Enrique A. Maldonodo Montfort, with fees in the amount of $18,567.50 and expenses in the amount of $0.00.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Meade Instruments Corp. Represented By

2:00 PM

CONT...

Meade Instruments Corp.

Robert P Goe

Chapter 11

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#10.00

Hearing RE: Fourth and Final Applicaton for Compensation and Reimbursement of Expenses for the Period from January 1, 2021 to June 8, 2021.

(Motion filed 6-18-21)

[RE: Grobstein Teeple, LLP as Accountants for the Chapter 11 Debtor] [Fees: $9,224.00, Expenses: $0.00]

Docket 410

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved on a final basis as to Grobstein Teeple, LLP, with fees in the amount of $9,224.00 and expenses in the amount of $0.00.

Fees and costs previously awarded on an interim basis are now confirmed on a final basis (total allowed fees are $57,628.00 and total allowed costs are $48.72).

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Meade Instruments Corp.

Chapter 11

Meade Instruments Corp. Represented By Robert P Goe

2:00 PM

8:19-14714

Meade Instruments Corp.

Chapter 11

#11.00

Hearing RE: Application for Payment of Final Fees and/or Expenses for the Period from 4/1/2020 to 5/31/2021.

(Motion filed 6-18-21)

[RE: Stetina Brunda Garred & Brucker, APC, Debtor's Attorney] [Fees: $11,285.00; Expenses: $6,946.00.

Docket 409

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The compensation is approved on a final basis as to Stetina Brunda Garred & Brucker, APC, with fees in the amount of $11,285.00 and expenses in the amount of $6,940.00.

DEBTOR'S COUNSEL TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Meade Instruments Corp. Represented By

2:00 PM

CONT...

Meade Instruments Corp.

Robert P Goe

Chapter 11

2:00 PM

8:19-13374

Martha S Adair

Chapter 11

#12.00

Hearing RE: Plan Trustees Motion For Order:

Approving The Sale Of Real Property Of The Estate Free And Clear Of Liens, Claims, And Interests Pursuant To 11 U.S.C. § 363;
Authorizing The Assumption And Assignment Of Certain Executory Contracts;
Waiving The 14-Day Stay Periods Set Forth In Bankruptcy Rules 6004(h) and 6006(d); And
Granting Related Relief; Memorandum Of Points And Authorities In Support (Motion filed 6-21-21)

[RE: 2390, 2442 & 2444 North American Way, Orange, California 92865]

Docket 217

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES REQUIRED.

The auction will go forward. Persons bidding or their authorized agents must make an in-person physical appearance in the Courtroom. All other parties making an appearance at the sale have the option to appear telephonically.

Grant in the entirety.

2:00 PM

CONT...

Martha S Adair

Chapter 11

PLAN TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Martha S Adair Represented By Richard H Golubow Ryan A Baggs

2:00 PM

8:19-12322

9025 Colorado Ave., LLC

Chapter 7

#13.00

Hearing RE: Trustee's Motion for Order Extending Time to File Actions Under 11

U.S.C. Section 546(a) (Motion filed 6-16-21)

Docket 216

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant and extend deadline by 90 days.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

9025 Colorado Ave., LLC Represented By

Blake J Lindemann

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

2:00 PM

CONT...

9025 Colorado Ave., LLC

Brett Ramsaur

Chapter 7

2:00 PM

8:18-13311

Ruby's Diner, Inc., a California corporation

Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al

#14.00

Hearing RE: Defendants' Motion for Reconsideration of Right to Attach Orders and Orders for Issuance of Writs of Attachment as to (1) Douglas Cavanaugh; and, (2) Ralph Kosmides

(Motion filed 6-18-21)

Docket 152

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court has reviewed the transcript of the May 11, 2021 hearing on applications for right to attach orders and the various pleadings filed by the parties in advance of the May 11, 2021 hearing that relate to such hearing.

The Reporter’s Transcript of the May 11, 2021 hearing ("R.T.") shows that Judge Smith accepted the defendants’ arguments that the exemptions against attachment claimed by defendants on or about April 28, 2021 are allowable. R.T. at page 28 ("And therefore, with the opposition having not been timely filed, the exemptions – the claimed exemptions will be allowed"), page 41 (" . . . I’m going to find that the requirements for attachment exclusive of the assets that have been claimed as exempt as of April 28th, not as of last night, okay, will be subject to plaintiff’s writ

2:00 PM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

of attachment") and page 50 ("The writ will issue with respect to all nonexempt assets. And that is assets that were not claimed exempt as of April – that were claimed exempt as of April 28, 2021"). Boldfaced type added by this Court.

Therefore, those assets claimed by defendants as exempt from attachment as of pleadings filed on or about April 28, 2021 are in fact exempt from attachment.

Both plaintiff and defendants lodged forms of orders implementing Judge Smith’s ruling on May 11, 2021. Ultimately, plaintiff’s forms of order were accepted and those orders filed and entered.

It would appear, however, that the forms of order lodged by defendants more closely adhere to Judge Smith’s order at the May 11, 2021 than do the forms of order lodged by plaintiff. Plaintiff’s forms of order omit to show as exempt distributions from related entities to defendants. Mr. Cavenaugh’s exempt-from-attachment assets consist of (1) his $600,0000 homestead exemption in 850 Ballard Canyon Road, Solvang, CA 93463, (2) all of his checking and savings accounts, and (3) up to a total of $36,000 per month in draws from any entity in which he holds any interest. Mr.

Kosmides’s exempt-from-attachment assets consist of (1) his $600,000 homestead exemption in 30141 Hillside Terrace, San Juan Capistrano, CA 92675, and (2) all of his and his wife’s checking and savings accounts.

The mere attachment of a financial statement to a declaration of exemptions does not automatically exempt all assets and income items shown on such statement. The assets must be specifically claimed as exempt in order to be exempt, and in some instances this was not actually done.

Defendants motion for reconsideration is granted in part in accordance with the foregoing.

DEFENDANTS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel

2:00 PM

CONT...

Ruby's Diner, Inc., a California corporation

Jeffrey P Nolan

Chapter 7

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Beachcomber Management Crystal Represented By

Leo A Bautista Maria L Garcia

Aviram Edward Muhtar

Lighthouse Cafe, LLC Represented By Carl Mueller

Beachcomber at Crystal Cove, LLC Represented By

Carl Mueller

Shake Shack Crystal Cove, LLC Represented By

Carl Mueller

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

2:00 PM

8:14-11729

Richard Clark Farrell

Chapter 7

#15.00

Hearing RE: Motion of Chapter 7 Trustee for Order: (1) Applying Phase 1 Judgment of the Family Court in the Matter of Farrell v. Farrell; (2) Authorizing Trustee to Administer Community Property Assets of the Estate and Debts Payable From Such Community Property, Including Administrative Claims, and,

(3) Providing Further Clarification as to Issues to be Determined by the Family Court in Phase 2 of the Farrell v. Farrell Trial

(Motion filed 5-7-21

Docket 957

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

Grant. The Adversary Proceeding Judgment and the Court's prior orders are now cleared for enforcement in view of the fact that the pending appeal has been dismissed. With reference to W2WL&H's response, only allowed chapter 7 administrative expenses may be paid at this time, and all such payments shall be made pro rata. Pro rata amounts shall be reserved for unallowed chapter 7 administrative expenses.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Richard Clark Farrell

Chapter 7

Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele

Trustee(s):

Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe

Rafael R Garcia-Salgado

9:00 AM

6:20-12274

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

#1.00

CONT Hrg. on Chapter 11 Status Conference

From: 9/8/20, 10/22/20,11/17/20, 2/23/21, 3/9/21, 4/13/21

Docket 3

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Continue the status conference to November 30, 2021 at 9:00 a.m. An updated status report is due November 16, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Absolute Care Assisted Living & Memory Care, LLC

Chapter 11

Absolute Care Assisted Living & Represented By

Robert S Altagen

9:00 AM

6:19-18367

Affordable Auto Repair, Inc.

Chapter 11

#2.00

CONT. Hrg. on Post Confirmation Chapter 11 Status Conference From: 7/2/20, 10/8/20, 11/9/20, 11/10/20, 3/16/21

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The status report filed by the Debtor was very helpful.

Continue the status conference to November 30, 2021 at 9:00 a.m. An updated status report is due November 16, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Affordable Auto Repair, Inc. Represented By Michael Jones

9:00 AM

CONT...

Affordable Auto Repair, Inc.

Sara Tidd

Chapter 11

9:00 AM

6:19-16352

Silver Lakes Resort Lodge Interval Owners Associat

Chapter 11

#3.00

CONT Hrg. on Chapter 11 Status Conference From: 8/27/20,1/19/21

Docket 5

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements and the future direction of this case.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Silver Lakes Resort Lodge Interval Represented By

Teresa A. Blasberg

9:00 AM

6:19-14525

Randolph Collaso

Chapter 7

Adv#: 6:19-01118 SAEEDY v. Collaso

#4.00

CONT STATUS CONFERENCE re: Complaint by LYDA SAEEDY against Randolph Collaso. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))

From: 5/7/20, 10/8/20

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Continue the status conference to November 30, 2021 at 9:00 a.m. An updated status report is due November 16, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

Randolph Collaso

Chapter 7

Randolph Collaso Represented By Richard G Heston

Defendant(s):

Randolph Collaso Represented By Richard G Heston

Plaintiff(s):

LYDA SAEEDY Represented By Michael Jones

Trustee(s):

Larry D Simons (TR) Pro Se

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01017 Hann v. Brickhaven Condominium Assoc., a Michigan Non Prof

#5.00

Plaintiff's Motion For Summary Judgment

Docket 52

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

Continue to January 18, 2022 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Naomi E Fink Represented By

Kathryn M.S. Catherwood

Fink & Fink PLLC Represented By

Kathryn M.S. Catherwood

9:00 AM

CONT...

Gary S. Hann

Chapter 7

Old Republic Title Insurance Co Represented By

Nabeel M Zuberi Vanessa H Widener

Washtenaw County Civil Division Pro Se Brickhaven Condominium Assoc., a Represented By

Christopher Reilly

Rami Hjazi Pro Se

Pamela Palmieri Pro Se

Huy Nguyen Hoang-La Represented By Nabeel M Zuberi Vanessa H Widener

Karl V Fink Represented By

Kathryn M.S. Catherwood

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

2:00 PM

6:13-26530

William Earl Stauffer, Jr. and Katherine Lynn Stauffer

Chapter 7

#1.00

Hrg. on trustee's final report and applications for compensation

Docket 150

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

2:00 PM

CONT...

William Earl Stauffer, Jr. and Katherine Lynn Stauffer

Chapter 7

The compensation is approved as to the Trustee, with fees in the amount of $287.38 and expenses in the amount of $27.85.

Interim payments previously made are approved on a final basis (including payments to the Trustee and the IRS).

A payment to the IRS of a priority tax claim of $3,813.68 is approved. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

William Earl Stauffer Jr. Represented By

Bryant C MacDonald

Joint Debtor(s):

Katherine Lynn Stauffer Represented By

Bryant C MacDonald

Trustee(s):

John P Pringle (TR) Represented By

Roquemore Pringle & Moore Inc Toan B Chung

2:00 PM

6:17-17388

Andrew Smith

Chapter 7

#2.00

Hrg. on Trustee's Final Report and Applications for Compensation

Docket 94

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of $3,750.00 and expenses in the amount of $316.68.

2:00 PM

CONT...

Andrew Smith

Chapter 7

The compensation is approved as to Levene, Neal, Bender, Yoo, & Brill, LLP, with fees in the amount of $12,822.50 and expenses in the amount of $419.55.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Andrew Smith Represented By Bosky Kathuria

Trustee(s):

Larry D Simons (TR) Represented By Anthony A Friedman

2:00 PM

6:19-20880

Christian Miguel Fernandez and Elka Elizabeth Fernandez

Chapter 7

#3.00

Hrg. on Trustee's Final Report and Applications for Compensation

Docket 53

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of

$14,546.19 and expenses in the amount of $1,489.25.

2:00 PM

CONT...

Christian Miguel Fernandez and Elka Elizabeth Fernandez

Chapter 7

The compensation is approved as to Karl T. Anderson CPA, Inc., with fees in the amount of $2,745.00 and expenses in the amount of $493.07.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Christian Miguel Fernandez Represented By Aaron Lloyd

Joint Debtor(s):

Elka Elizabeth Fernandez Represented By Aaron Lloyd

Trustee(s):

Lynda T. Bui (TR) Pro Se

2:00 PM

6:20-12529

Jose L. Guerrero and Loyda S. Paiz-Guerrero

Chapter 7

#4.00

Hrg. on trustee's final report and applications for compensation

Docket 0

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of $500.00 and expenses in the amount of $0.00.

2:00 PM

CONT...

Jose L. Guerrero and Loyda S. Paiz-Guerrero

Chapter 7

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jose L. Guerrero Represented By Lazaro E Fernandez

Joint Debtor(s):

Loyda S. Paiz-Guerrero Represented By Lazaro E Fernandez

Trustee(s):

Howard B Grobstein (TR) Pro Se

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#8.00

Hrg. on Confirmation of Second Amended Chapter 11 Plan

[Tele. appr., Qusay Al Qaza, repr., U.S. Trustee] [Tele. appr., Arturo M. Cisneros, repr., Trustee] [Tele. appr., Beth Gaschen, repr., Debtor] [Tele. appr., Jeffrey I. Golden, repr., Debtor]

[Tele. appr., Everett Green, repr., Office of the U.S. Trustee] [Tele. appr., Todd L. Turoci, repr., Akbar Razavi, Creditor]

Docket 13

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inqure of the UST whether the plan modifications proposed by the Debtor in its plan confirmation memorandum satisfactorily addresses the UST's

2:00 PM

CONT...

LCF LABS INC.

Chapter 11

concerns about the second amended plan.

If such concerns have been put to rest, the Court will confirm the secured amended planand set a status conference for December 7, 2021 at 9:00 a.m. Debtor to lodge (1) findings of fact and conclusions of law supporting plan confirmation, and (2) plan confirmation order. The Court will prepare a chambers order setting the post- confirmation status conference.

The Subchapter V Trustee's Statement Regarding Debtor's Second Amended Subchapter V Plan Dated June 2, 2021 was exceptionally helpful to the Court.

Party Information

Debtor(s):

LCF LABS INC. Represented By Neil C Evans

Trustee(s):

Arturo Cisneros (TR) Pro Se

9:00 AM

8:15-10182

Ahmad Malkawi

Chapter 11

#1.00

STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)

Requiring Report On Status Of Chapter 11 case (Case Converted from Ch.7 to Ch. 11 on 5/14/21)

[Tele. appr., Reem J. Bello, repr., Chapter 7 Trustee] [Tele. appr., Michael B. Reynolds, repr., Debtor] [Tele. appr., Andrew Still, repr., Debtor]

[Tele. appr., Queen Ng, repr., U.S. Trustee]

[Tele. appr., Jeffrey S. Shinbrot, repr., Interested Party]

Docket 82

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Treating April 27, 2020 as the bar date will require a notice of motion, motion,

9:00 AM

CONT...

Ahmad Malkawi

Chapter 11

hearing and an order thereon.

The Court will set February 28, 2022 as the deadline for filing a plan and disclosure statement and April 30, 2022 as the deadline in confirming a plan.

The next status conference shall be held on December 15, 2021 at 9:00 a.m. An updated status report is due December 1, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Ahmad Malkawi Represented By Zuhair Nubani

Michael B Reynolds

9:00 AM

8:17-14396

Styles For Less, Inc., a California corporation

Chapter 7

Adv#: 8:19-01212 Kosmala v. DeAngelo, SR et al

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint:

To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b), 548(a)(1)(A), 550, And California Civil Code Sections 3439.04(a)(1), 3439.07 And 3439.09;
To Avoid Transfer And Recover Fraudulent Transfers Pursuant To 11
U.S.C. Sections 544(b), 548(a)(1)(B), 550, And California Civil Code Sections 3439.04(a)(2), 3439.07 And 3439.09;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551;
To Disallow Claim Pursuant To 11 U.S.C. Section 502(d); And
For Breach Of Fiduciary Duties Of Loyalty And Care (Complaint filed 11/6/19)

FR: 1-29-20; 3-25-20; 6-29-20; 12-2-20; 4-14-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION CONTINUING STATUS CONFERENCE TO NOVEMBER 3, 2021 AT 9:00 AM ENTERED ON 7-9-21 (DOCKET NO. 35).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Styles For Less, Inc., a California Represented By

Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver

9:00 AM

CONT...

Styles For Less, Inc., a California corporation

Chapter 7

Defendant(s):

Michael DeAngelo SR Represented By Sean A OKeefe

Michael DeAngelo JR Represented By Sean A OKeefe

August DeAngelo II Represented By Sean A OKeefe

Jason DeAngelo Represented By Sean A OKeefe

Gina Womack Represented By Sean A OKeefe

Douglas Periera Represented By Sean A OKeefe

Plaintiff(s):

Weneta M.A. Kosmala Represented By Jeffrey I Golden

Trustee(s):

Weneta M Kosmala (TR) Represented By Reem J Bello

9:00 AM

8:18-13311

Ruby's Diner, Inc., a California corporation

Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al

#3.00

Hearing RE: Motion to Compel Writ of Attachment Discovery and Request for Sanctions in the amount of $16,175

(Motion filed 6-23-21)

Docket 156

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED 6-28-21 (DOCKET NO. 162).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Beachcomber Management Crystal Represented By

Leo A Bautista Maria L Garcia

Aviram Edward Muhtar

9:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

Lighthouse Cafe, LLC Represented By Carl Mueller

Beachcomber at Crystal Cove, LLC Represented By

Carl Mueller

Shake Shack Crystal Cove, LLC Represented By

Carl Mueller

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

Christopher Dale Beatty

9:00 AM

8:18-13311

Ruby's Diner, Inc., a California corporation

Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al

#4.00

Hearing RE: Motion for Partial Dismissal of Amended Complaint (Motion filed 6-1-21)

[Tele. appr., Leo Bautista, repr., Doug Cavanaugh, Trustee] [Tele. appr., Christopher Beatty, repr., Chapter 7 Trustee]

[Tele. appr., Douglas Cavanaugh, repr., Defendant - Listen Only]

[Tele. appr., Ralph Kosmides, repr., Douglas Cavanaugh, Listen Only]

[Tele. appr., Patrick M. Maloney, repr., Beachcomber at Crystal Cove Shake Shack, Interested Party]

[Tele. appr., Avi Muhtar, repr., Doug Cavanugh, Defendant]

Docket 123

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

9:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

Continue to August 4, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Beachcomber Management Crystal Represented By

Leo A Bautista Maria L Garcia

Aviram Edward Muhtar

Lighthouse Cafe, LLC Represented By Carl Mueller

Beachcomber at Crystal Cove, LLC Represented By

Carl Mueller

Shake Shack Crystal Cove, LLC Represented By

Carl Mueller

9:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

9:00 AM

8:19-11212

Marc Solomon Tenner

Chapter 7

Adv#: 8:19-01094 DeLuca et al v. Tenner

#5.00

CONT'D STATUS CONFERNCE RE: Motion for Relief From The Pre-trial Stipulation

(Motion filed 11-4-20) (S/C set at 4-21-21 Hrg)

FR: 12-2-20; 4-21-21

[Tele. appr., Thomas Emmitt, repr., John DeLuca, Plaintiff] [Tele. appr., Timothy F. Umbreit, repr., John DeLuca, Plaintiff] [Tele. appr., Marc Tenner, repr., Debtor]

Docket 24

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

APPEARANCES NOT REQUIRED.

The Court will hold an evidentiary hearing with respect to the motion on September 27, 2021 at 2:00 p.m. The Court expects that Debtor-Defendant Tenner will testify and be cross-examined regarding the circumstances surrounding the pretrial stipulation. Additionally, any party may in its discretion present testimoial and

9:00 AM

CONT...

Marc Solomon Tenner

Chapter 7

documentary evidence.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Marc Solomon Tenner Represented By Marc Weitz

Defendant(s):

Marc Solomon Tenner Pro Se

Plaintiff(s):

John DeLuca Represented By

Timothy F Umbreit Thomas K Emmitt

Lenore DeLuca Represented By Timothy F Umbreit Thomas K Emmitt

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01103 Golden v. American Express Company et al

#6.00

CONT PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Preferential Transfers

(Complaint filed 6/15/2020) FR: 9-9-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING ENTERED ON 4-19-21 (DOCKET NO. 24).

Tentative Ruling:

NONE LISTED -
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
American Express Company Pro Se
American Express National Bank Pro Se
American Express Travel Related Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-12113

Heidi Crawford

Chapter 7
Adv#: 8:19-01182 Amerifactors Financial Group, LLC v. Crawford et al

#7.00

CONT'D STATUS CONFERENCE Hearing RE: Amended Adversary Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), (a)(2)(B), (a)(4), And (a)(6)
(Complaint filed 9/9/19)
(Amended Complaint filed 9/11/19) (Another Summons issued 10-23-19)

FR: 11-27-19; 1-22-20; 3-11-20; 5-13-20; 8-19-20; 7-14-21

[Tele. appr., Jeffrey R. Brower, repr., Amerifactors Financial Group, Creditor]

Docket 1
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire whether this adversary proceeding is now moot and should be dismissed in view of the denial of Debtor Heidi Crawford's discharge.

Party Information
9:00 AM
CONT...
Debtor(s):

Heidi Crawford

Chapter 7
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael Crawford Pro Se
Plaintiff(s):
Amerifactors Financial Group, LLC Represented By
Jon N Owens
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-12127

Richard J. Kelly and Mary J. Kelly

Chapter 7

#8.00

CONT'D Hearing RE: Objection To Debtors' Claims Of Exemption (Motion filed 12/13/19)

FR: 1-27-20; 4-20-20L; 7-20-20; 11-30-20; 1-29-21; 4-19-21

[Tele. appr., Reem J. Bello, repr., Jeffrey Golden, Trustee] [Tele. appr., Brett H. Ramsaur, repr., Bailey, Plaintiff] [Tele. appr., J. Scott Williams, repr., Debtor]
Docket 33
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of a possible global settlement of this matter.

Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
9:00 AM
CONT...

Richard J. Kelly and Mary J. Kelly

Chapter 7
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
9:00 AM
8:19-12127

Richard J. Kelly and Mary J. Kelly

Chapter 7

#9.00

CONT'D Hearing RE: Objection To Debtor's Claims Of Exemption On Amended Schedules
(Motion filed 6/19/2020)

FR: 7-20-20; 11-30-20; 1-25-21; 4-19-21

[Tele. appr., Reem J. Bello, repr., Jeffrey Golden, Trustee] [Tele. appr., Brett H. Ramsaur, repr., Bailey, Plaintiff] [Tele. appr., J. Scott Williams, repr., Debtor]
Docket 59
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of a possible global settlement of this matter.

Party Information
Debtor(s):
Richard J. Kelly Represented By
9:00 AM
CONT...

Richard J. Kelly and Mary J. Kelly

J Scott Williams

Chapter 7
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
9:00 AM
8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,

#10.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds
[S/C RE: Plaintiff's action against South Coast Behavioral Health, Inc., Reliable Fast Cash, LLC, FID Funding and BMF Capital, LLC]

[Ikhan Capital, LLC AND Bridge Funding Capital, LLC, West Coast Business Capital LLC - DISMISSED]
(Complaint Filed 8/8/19)
(Another Summons issued 11/13/19)

FR: 11-6-19; 11-27-19; 1-29-20; 9-16-20; 2-8-21

[Tele. appr., Janis Abrams, repr., Reliable Fast Cash, Defendant] [Tele. appr., Sean A. O'Keefe, repr., South Coast Behavior Health]

Docket 1
Tentative Ruling:
In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.
APPEARANCES NOT REQUIRED.
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
Based upon requests in the status reports filed by the parties, the Court will continue the status conference to November 3, 2021 at 9:00 a.m. An updated status report is due October 20, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
South Coast Behavioral Health, Inc. Pro Se
Reliable Fast Cash LLC Represented By Steven R Fox
Ikhan Capital LLC, Represented By Karel G Rocha
Bridge Funding Capital LLC, Represented By Karel G Rocha
FID Funding Represented By
David B Zolkin
BMF Capital LLC Represented By David B Zolkin
Plaintiff(s):
Complete Business Solutions Group, Represented By
Keith C Owens
Trustee(s):
Thomas H Casey (TR) Represented By
9:00 AM
CONT...

South Coast Behavioral Health, Inc.

Todd C. Ringstad Sean A OKeefe Nanette D Sanders

Chapter 11
9:00 AM
8:20-10096

Michael Allan Barnum

Chapter 7
Adv#: 8:20-01053 Boards of Trustees of the National Elevator Indust v. Barnum

#11.00

Hearing RE: Plaintiff Creditor's Motion For Summary Judgment (Motion filed 6-2-21)

Docket 13
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 21, 2021 AT 9:00 AM ENTERED ON 6
-8-21 (DOCKET NO. 17).
Tentative Ruling:
NONE LISTED -

Party Information

Debtor(s):

Michael Allan Barnum Represented By Andrew S Bisom

Defendant(s):

Michael Allan Barnum Represented By Andrew S Bisom

Plaintiff(s):

Boards of Trustees of the National Represented By

Laurie A Traktman Benjamin M ODonnell

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#12.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/31/2020)

FR: 6-3-20; 8-26-20; 11-18-20; 3-17-21; 4-28-21

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee]

[Tele. appr., Sonia Plesset Edwards, repr., Bridge Loan Financial Inc, Defendant]

[Tele. appr., Roger F. Friedman, repr., Bridge Loan Financial Inc, Defendant]

Docket 15

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

9:00 AM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

Next status conference: November 10, 2021 at 9:00 a.m. An updated status report is due October 27, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

9:00 AM

8:20-13309

Richard Lawrence Spix

Chapter 11

#13.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case

FR: 2-10-21

[Tele. appr., Barry R. Gore, repr., Starflinger et al., Creditor] [Tele. appr., Michael Hauser, repr., U.S. Trustee]

[Tele. appr., Brett H. Ramsaur, repr., Debtor]

Docket 1

Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: November 10, 2021 at 9:00 a.m. An updated status report is due October 27, 2021.

COURT TO PREPARE ORDER.

9:00 AM

CONT...

Debtor(s):

Richard Lawrence Spix

Party Information

Chapter 11

Richard Lawrence Spix Represented By Brett Ramsaur

9:00 AM

8:21-10101

Leonardo Saucedo

Chapter 7

Adv#: 8:21-01017 First National Bank Of Omaha v. Saucedo

#14.00

STATUS CONFERENCE Hearing RE: Complaint Seeking Exception ot Discharge Pursuant to 11 U.S.C. Section 523(a)(2)(C) and/or Section 523(a)(2) (A)

(Complaint filed 4-26-21)

Docket 1

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF DISMISSAL OF ADVERSARY FILED 6-14-21 (DOCKET NO. [4]).

Tentative Ruling:

NONE LISTED -
Party Information
Debtor(s):
Leonardo Saucedo Represented By Kevin J Kunde
Defendant(s):
Leonardo Saucedo Pro Se
Plaintiff(s):
First National Bank Of Omaha Represented By Cory J Rooney
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:21-11234

JY Korea, Inc.

Chapter 11

#15.00

STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 5-13-21)

[Tele. appr., Donald E. Iwuchukwu, repr., Debtor]

Docket 1
Tentative Ruling:

In view of the Pandemic, in-person appearances at hearings are expressly prohibited at the time, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person. Persons appearing telephonically are highly encouraged to use a landline for higher reception and clarity, and the use of speaker phones is prohibited.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
JY Korea, Inc. Represented By Donald E Iwuchuku
9:00 AM
CONT...

JY Korea, Inc.

Chapter 11
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#1.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 12-4-20)

FR: 2-10-21, 4-7-21; 5-12-21

Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 21, 2021 AT 2:00 PM ENTERED ON 7
-13-21 (DOCKET NO. 329).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Heartwise, Inc. Represented By RONALD CLIFFORD
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#2.00

Hearing RE: Second Evidentiary Objection and Motion to Strike, of Judgment Creditor Vitamins Online, Inc., to Specified Text in Heartwise, Inc's Response Filed 5-5-21 (Opposing Appointment of Chapter 11 Trustee), Because the Text Objected to is Not Supported by Any Declaration, It is Argument Only (Objection and Motion filed 5-7-21)

Docket 211
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 21, 2021 AT 2:00 PM ENTERED ON 7
-13-21 (DOCKET NO. 329).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Heartwise, Inc. Represented By RONALD CLIFFORD
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#3.00

CONT'D Hearing RE: Objection of Judgment Creditor Vitamins Online, Inc. to Heartwise, Inc.'s Amended Disclosure Statement (with Amended Plan) Being Heard on 5/12/21, Because That is Untimely; CD CA LBR 3017-1(a) and (b) Require a Disclosure Statement Be Filed 42 Days Before Hearing Date, and That Parties Wishing to File Objections Have Until 14 Days Before Hearing to File Objections
(Objection filed 5-6-21)

FR: 5-12-21

Docket 207
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 21, 2021 AT 2:00 PM ENTERED ON 7
-13-21 (DOCKET NO. 329).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Heartwise, Inc. Represented By RONALD CLIFFORD
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#4.00

CONT'D Hearing RE: Evidentiary Objection and Motion to Strike, of Judgment Creditor Vitamins Online, Inc., to Attachments to Heartwise, Inc.'s Response to Further Briefing Filed 5-5-21 RE: Appointment of Chapter 11 Trustee, Because Those Attachments Are Not Authenticate
(Objection and Motion filed 5-6-21) FR: 5-12-21
Docket 208
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 21, 2021 AT 2:00 PM ENTERED ON 7
-13-21 (DOCKET NO. 329).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Heartwise, Inc. Represented By RONALD CLIFFORD
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#5.00

CONT'D Hearing RE: First Amended Disclosure Statement Describing Heartwise, Inc's First Amended Chapter 11 Plan of Reorganization (D.S. and Plan filed 3-20-21)
(Amended D.S. and Plan filed 5-5-21) FR: 5-12-21
Docket 202
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 21, 2021 AT 2:00 PM ENTERED ON 7
-13-21 (DOCKET NO. 329).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Heartwise, Inc. Represented By Ronald Clifford
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#6.00

CONT'D Hearing RE: Motion to Appoint a Chapter 11 Trustee (Motion filed 2-11-21)

FR: 3-8-21; 3-24-21; 4-7-21; 5-12-21

Docket 67
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 21, 2021 AT 2:00 PM ENTERED ON 7
-13-21 (DOCKET NO. 329).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Heartwise, Inc. Represented By Ronald Clifford
2:00 PM
8:20-13335

Heartwise, Inc.

Chapter 11

#7.00

CONT'D Hearing RE: Amended Motion of Robinson Pharma, Inc. for an Order Granting: (i) Allowance and Payment of Administrative Expense Claims Pursuant to 11 U.S.C. 503(b)(9) and (ii) Setoff Against Deposit
(Motion filed 2-15-21)

FR: 3-8-21; 3-24-21; 4-7-21; 5-12-21

Docket 76
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JULY 21, 2021 AT 2:00 PM ENTERED ON 7
-13-21 (DOCKET NO. 329).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Heartwise, Inc. Represented By Ronald Clifford
9:00 AM
8:19-11065

Bridget Ann O'Neil

Chapter 13

#1.00

Motion for relief from stay [Real Property]

PHH Mortgage Corporation vs. DEBTOR (Motion filed 6/25/2021)

[RE: 2429 West Transit Avenue, Anaheim, California 92804]

Docket 59
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO AUGUST 30, 2021 AT 9:00 AM ENTERED ON 7-12-21 (DOCKET NO. 64).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Bridget Ann O'Neil Represented By Andy C Warshaw
Richard L. Sturdevant
Movant(s):
PHH Mortgage Corporation Represented By Josephine E Salmon
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-12715

Andrea Mythanh Le

Chapter 7

#2.00

CONT'D Motion for relief from stay [Real Property]

Wells Fargo Bank, N.A. vs DEBTOR (Motion filed 4-5-21)

[RE: 13192 Rolling Hills Lane, Victorville, California 92395]

FR: 5-10-21; 6-14-21

Docket 98
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION CONTINUING HEARING TO AUGUST 30, 2021 AT 9:00 AM ENTERED ON 7-12-21 (DOCKET NO. 137).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Andrea Mythanh Le Represented By Christopher J Langley
Trustee(s):
Karen S Naylor (TR) Represented By Nathan F Smith Arturo M Cisneros
9:00 AM
8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#3.00

Motion for relief from stay [Real Property]

Toyota Trust Lease Trust, as serviced by Toyota Motor Credit Corporation d/b/a Toyota Financial Services vs DEBTORS
(Motion filed 6-25-21

[RE: 2019 Lexus RX 350 - VIN No.: 2T2ZZMCA2KC144520]

Docket 153
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO DECEMBER 6, 2021 AT 9:00 AM ENTERED ON 7-13-21 (DOCKET NO. 153).
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Ardeshir Farokhirad Represented By Anerio V Altman
Andrew Edward Smyth
Joint Debtor(s):
Fariba Farokhirad Represented By Anerio V Altman
Andrew Edward Smyth
Movant(s):
Toyota Lease Trust, as serviced by Represented By
Kirsten Martinez
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
9:00 AM
8:21-11123

Richard Allen Dickinson

Chapter 7

#4.00

Motion for relief from stay [Personal Property]

Financial Services Vehicle Trust vs. DEBTOR (Motion filed 6/25/2021)

[RE: 2020 BMW X3 M40i Sport Utility 4D - VIN No.: 5UXTY9C0L9B25329]

Docket 11
Tentative Ruling:

APPEARANCES NOT REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Allen Dickinson Represented By Kevin J Kunde
Movant(s):
Financial Services Vehicle Trust Represented By
9:00 AM
CONT...

Trustee(s):

Richard Allen Dickinson

Marjorie M Johnson

Chapter 7
Richard A Marshack (TR) Pro Se
9:00 AM
8:21-11631

Steven George Schultz

Chapter 13

#5.00

Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 6-30-2021)

[RE: 17160 Santa Suzanne Street, Fountain Valley, CA 92708] [Tele. appr., Sanaz S. Bereliani, repr., Debtor]
Docket 9
Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the Motion and continue the stay. However, if any creditor moves for reconsideration of this order within 90 days of the date of entry of this order granting the motion, this Court will hear the matter de novo without regard to the usual rules applicable to a motion for reconsideration.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information
Debtor(s):
Steven George Schultz Represented By
Sanaz Sarah Bereliani
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:14-11729

Richard Clark Farrell

Chapter 7

#1.00

Hearing RE: Application for Alllowance and Payment of Administrative Expenses for the Period from May 31, 2016 through April 30, 2021
(Application filed 6-23-21)

[RE: PERKINS COIE LLP - Attorneys For White Zuckerman Warsavsky Luna & Hunt LLP]
[Ch. 7 Administrative Expenses: $45,700.44] [Ch. 11 Administrative Expenses: $10,753.28]

[Tele. appr., Sara L. Chenetz, repr., White Zuckerman]

[Tele. appr., Nanette D. Sanders, repr., Karen Sue Naylor, Trustee]

Docket 961
Tentative Ruling:

APPEARANCES REQUIRED.

The compensation is approved on a final basis as to White, Zuckerman, Warsavsky, Luna & Hunt, LLP, with:

Chapter 11 fees in the amount of $10,753.28 and expenses in the amount of $0.00, and

Chapter 7 fees in the amount of $45,700.44 and expenses in the amount of $0.00. APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Clark Farrell Represented By
2:00 PM
CONT...

Trustee(s):

Richard Clark Farrell

Michael G Spector William M. Hulsy Michael R Adele

Chapter 7
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
2:00 PM
8:15-12278

Morgan Drexen, Inc.

Chapter 7

#2.00

Hearing RE: Chapter 7 Trustee's Motion for Order Disallowing (Motion filed 6-17-21)

Claim No. 80-1 Spilman Thomas & Battle, PLLC $1,688.76

Docket 617
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF CHAPTER 7 TRUSTEE'S MOTION FILED 7-8-21 (DOCKET NO. 621).
Tentative Ruling:
NONE LISTED -

Party Information

Debtor(s):

Morgan Drexen, Inc. Represented By Paul R Shankman

Trustee(s):

Jeffrey I Golden (TR) Represented By Thomas H Casey Reem J Bello Beth Gaschen Steven B Sacks

2:00 PM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#3.00

Hearing RE: Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Motion of Debtor and Debtor In Possession for Order:

Authorizing Sale of Property of the Estate Free and Clear of Liens, Claims, and Interests Pursuant to 11U.S.C. §§ 363(b) and (f);
Approving Overbid Procedures;
Finding Successful Bidder and Overbidder are Good Faith Purchasers Pursuant to 11 U.S.C. §363(m); and
Authorizing Payment of Ordinary Costs of Sale (Motion filed 6-28-21)

[Tele. appr., Roger F. Friedman, repr., Bridge Loan Financial, Creditor] [Tele. appr., Beth Gaschen, repr., Debtor]

[Tele. appr., Jeffrey I. Golden, repr., Debtor]

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee]

[Tele. appr., R. Gibson Pager, Jr., repr., Vanessa Ryder, Creditor] [Tele. appr., Stephen Perkins, repr., Debtor]

[Tele. appr., Sonia Plesset Edwards, repr., Bridge Loan Financial, Creditor]

[Tele. appr., Tim Smith, repr., Debtor] [Tele. appr., Todd Wohl, repr., Debtor]

Docket 128

Tentative Ruling:

2:00 PM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

APPEARANCES REQUIRED.

Debtor and debtor in possession 239 Carnation LLC ("Debtor") moves for entry of an order approving a sale of estate property free and clear of liens (the "Motion") pursuant to 11 U.S.C. § 363. The Motion proposes a sales transaction in which Debtor’s principal asset, a high-end residence in Corona del Mar (the "Property"), is to be auctioned off at a reserved minimum sales price of $16.5 million free and clear of liens against the Property. Creditor Vanessa Ryder ("Ms. Ryder") holds a lien against the Property in the range of $400,000 to $500,000 and opposes the Motion on the ground that the Property cannot be sold free and clear of her lien under 11 U.S.C.

§ 363(f)(5) for the reasons argued in her opposition (and also that none of the other provisions of section 363(f) permitting a sale free and clear of liens is applicable).

The precise issue before the Court is whether section 363(f)(5) permits a sale of the Property free and clear of Ms. Ryder’s lien.

Section 363(f)(5) provides that "[t]he trustee may sell property . . . free and clear of any interest in such property of an entity other than the estate, only if . . . (5) such entity could be compelled, in a legal or equitable proceeding, to accept a money satisfaction of such interest."

The parties do not dispute that Ms. Ryder is an "entity" under the Bankruptcy Code’s strange jargon in 11 U.S.C. § 101(15) or that the lien she holds is an "interest" in estate property. Instead, the parties’ dispute centers on whether Ms. Ryder "could be compelled, in a legal or equitable proceeding, to accept a money satisfaction of such interest." The Debtor argues that she could be so compelled -- in a nonjudicial foreclosure proceeding conducted by Bridge Loan Financial, Inc. that, depending upon the sales price in the foreclosure, would either wipe out her lien for no consideration or eliminate it for monetary consideration less than the full lien amount.

As a preliminary matter, the Court determines that a nonjudicial foreclosure proceeding qualifies as a "legal or equitable proceeding" within the meaning of the statute. Although it might seem on first impression that a nonjudicial foreclosure can never be a "legal or equitable proceeding" by definition, it is undeniable that nonjudicial foreclosures in California are authorized by California law and for that

2:00 PM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

reason and in that sense constitute a "legal or equitable proceeding." This view of the law appears to be accepted by the United States District Court for the Central District of California. In re Hassen Imports Partnership, 502 B.R. 851(C.D. Cal. 2013). In that case, it would have been unnecessary for the District Court to have considered the issue whether a money satisfaction of the City of West Covina’s covenants had occurred if a nonjudicial foreclosure did not qualify as a legal or equitable proceeding in the first place.

The term "money satisfaction" might be thought to be limited to a situation where the full amount of a lien is satisfied with money and where lesser payments would not constitute a "satisfaction." However, the United States Bankruptcy Appellate Panel of the Ninth Circuit rightly points out in Clear Channel Outdoor, Inc. v. Knupfer (In re PW, LLC), 391 B.R. 25, 43 (B.A.P. 9th Cir. 2008) that "[i]f full payment were required, § 363(f)(5) would merely mirror § 363(f)(3) and render it superfluous." Thus, to prevent § 363(f)(5) from being redundant of § 363(f)(3), § 363(f)(5) must necessarily apply to situations where a junior lienholder has its lien satisfied with an amount of money less than the full amount of the lien.

The District Court determined in Hassen Imports that the word "satisfaction" in the context of § 363(f)(5) means "giving something of value in exchange for terminating an outstanding obligation." In re Hassen Imports Partnership, 502 B.R. at 860. This led the District Court in that case to conclude that § 363(f)(5) did not apply to a sale free and clear of West Covina’s covenants because West Covina was not provided with any kind of money or other value in exchange for the termination of its covenants.

Theoretically, Hassen Imports can be read as holding that if no money is given in exchange for terminating an outstanding obligation, then § 363(f)(5) by its terms (referring as it does to a "money satisfaction") can never apply. (The Court notes here that it is bound by Hassen Imports, that being a decision of a higher court, namely, the District Court). Such an interpretation as applied to liens securing an obligation to pay money would lead to truly anomalous and strange results. Under this interpretation, property of the estate securing a partially out-of-the-money lien could be sold free and clear of such lien under § 363(f)(5), but estate property securing a wholly out-of-the-money lien could not be sold free and clear. A wholly underwater lienholder would have greater rights to block a free-and-clear section 363 sale than a

2:00 PM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

partially underwater lienholder.

The statute uses the word "could" --- "such entity could be compelled." "Could" is defined in Webster’s Ninth New Collegiate Dictionary as a past conditional. An example given in the Dictionary is "we would go if we could." The statute places no express limitation on the conditional aspect of "could be compelled," so one possible interpretation is that irrespective of whether Ms. Ryder’s lien is in the money, she "could be compelled" to accept a money satisfaction of her interest in a nonjudicial foreclosure proceeding held by Bridge Loan Financial, Inc. – because that is simply the way nonjudicial foreclosure sales work. Thus, the "could be compelled" conditional refers to a process rather than to the specific manner in which a particular lien is treated under that process. As an example, consider the statement "Litigant A could be compelled to comply with Court Discovery Order X." This statement can be true as a general proposition addressing how discovery orders work even though A has not given any indication of any intention of disobeying Court Order X. This is the meaning the Court determines should be given to 11 U.S.C. § 363(f)(5).

This Court therefore concludes that estate property can be sold free and clear of Ms. Ryder’s lien even if such lien is completely out of the money and no money satisfaction of such interest would occur in a nonjudicial foreclosure.

For these reasons, the Court overrules Ms. Ryder’s limited opposition to the Motion and grants the Motion.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

2:00 PM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#3.10

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/31/2020)

FR: 6-3-20; 8-26-20; 11-18-20; 3-17-21; 4-28-21; 7-14-21

[Tele. appr., Roger F. Friedman, repr., Bridge Loan Financial, Creditor] [Tele. appr., Beth Gaschen, repr., Debtor]

[Tele. appr., Jeffrey I. Golden, repr., Debtor]

[Tele. appr., Nancy Goldenberg, repr., U.S. Trustee]

[Tele. appr., R. Gibson Pager, Jr., repr., Vanessa Ryder, Creditor] [Tele. appr., Stephen Perkins, repr., Debtor]

[Tele. appr., Sonia Plesset Edwards, repr., Bridge Loan Financial, Creditor]

[Tele. appr., Tim Smith, repr., Debtor] [Tele. appr., Todd Wohl, repr., Debtor]

Docket 15

Tentative Ruling:

APPEARANCES REQUIRED.

2:00 PM

CONT...

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

The Court will inquire into whether we have overbidders for the property auction.

Next status conference: October 27, 2021 at 9:00 a.m. An updated status report is due October 13, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

2:00 PM

8:18-11759

Chester Davenport

Chapter 7

Adv#: 8:18-01155 Naylor v. Sun et al

#4.00

CONT'D Hearing RE: Examination of Judgment Debtor Bianca Sun (Application filed 11-13-20)

(Set per order entered 11-25-20) FR: 4-7-21; 6-14-21

Docket 235

*** VACATED *** REASON: OFF CALENDAR - EXAMINATION OF JUDGMENT DEBTOR HAS BEEN WITHDRAWN.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

Defendant(s):

Bianca Sun Represented By

Donald W Sieveke

Yan Yu Sun Represented By

Donald W Sieveke

Movant(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

Plaintiff(s):

Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan

2:00 PM

CONT...

Trustee(s):

Chester Davenport

Chapter 7

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01062 Hann v. Pitchford, et al

#1.00

Motion for Default Judgment against Wallace P. Pitchford and All Others Living at the Subject Property at 819 Jefferson, Ypsilanti, MI 48197

Also #2

Docket 6

*** VACATED *** REASON: PER ORDER ENTERED 7/13/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Wallace P Pitchford, et al Pro Se

Movant(s):

Gary S Hann Pro Se

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:14-22067

Gary S. Hann

Chapter 7

Adv#: 6:21-01062 Hann v. Pitchford, et al

#2.00

STATUS CONFERENCE re: Complaint by Gary S Hann against Wallace P Pitchford, et al. ($350.00 Fee Not Required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(21 (Validity, priority or extent of lien or other interest in property)), (72 (Injunctive relief - other)),(91 (Declaratory judgment)). (EDB) (Sandoval, Rosanna) Additional attachment(s) added on 5/19/2021

Docket 1

*** VACATED *** REASON: CONTINUED TO 1/18/22 AT 9:00 AM BY ORDER ENTERED 7/13/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary S. Hann Pro Se

Defendant(s):

Wallace P Pitchford, et al Pro Se

Plaintiff(s):

Gary S Hann Pro Se

Trustee(s):

Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments

#3.00

STATUS CONFERENCE re: Amended Complaint Second Amended Complaint to Determine Validity, Priority and Extent of Lien(s), for Declaratory Relief, and for Equitable Subordination by James E Till on behalf of Terry Lee Fleming Sr against Havasu Lakeshore Investments

From: 11/12/20, 11/19/20, 3/16/21

Docket 44

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will lift the stay to permit this adversary proceeding to move forward.

Next status conference: December 1, 2021 at 9:00 a.m. An updated status report is due November 17, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Defendant(s):

Havasu Lakeshore Investments Represented By Martin A Eliopulos

9:00 AM

CONT...

Terry Lee Fleming, Sr

Gregory M. Garrison Frederick M Reich

Chapter 11

Plaintiff(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al

#4.00

CONT STATUS CONFERENCE Re: Hearing RE: lawsuit pending in State Court to Bankruptcy Court

(Notice of Removal filed 12/13/17)

[RE: Superior Court Of The State Of California For The County Of Riverside, Case No PSC1502480 ]

[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]

From: 5/21/20, 11/3/20, 11/19/20, 3/16/21

Docket 1

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Pursuant to the parties request, the Court will keep the stay in effect.

Next status conference: December 1, 2021 at 9:00 a.m. An updated status report is due November 17, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

9:00 AM

CONT...

Terry Lee Fleming, Sr

Chapter 11

Defendant(s):

Katherine Doucette Represented By Randall S Waier

Havasu Landing, LLC Represented By Michael B Reynolds

Terry Fleming, Jr. Represented By Michael B Reynolds

Plaintiff(s):

Terry Lee Fleming Sr Represented By James E Till James E Till James E Till

Havasu Lakeshore Investments Represented By Martin A Eliopulos

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al

#5.00

CONT STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court

(Notice of Removal filed 12/13/17)

From: 5/21/20, 11/3/20, 11/19/20, 3/16/21

[RE: Superior Court Of The State Of California For The County Of Orange, Case No 30-2015-00805846-CU-FRCJC ]

[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]

Docket 1

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Pursuant to the parties' request, the Court will keep the stay in effect.

Next status conference: December 1, 2021 at 9:00 a.m. An updated status report is due November 17, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

9:00 AM

CONT...

Terry Lee Fleming, Sr

Chapter 11

Defendant(s):

Terry Lee Fleming Jr Represented By Michael B Reynolds James E Till

Patricia Wilson-Fleming Represented By Randall S Waier

Havasu Landing LLC Represented By Michael B Reynolds James E Till

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Plaintiff(s):

Havasu Lakeshore Investments Represented By Martin A Eliopulos

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr

#6.00

From: 6/4/20, 11/3/20, 11/19/20, 3/16/21, 6/8/21

Docket 1

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Pursuant to the parties' request, the Court will keep the stay in effect.

Next status conference: December 1, 2021 at 9:00 a.m. An updated status report is due November 17, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

Defendant(s):

Terry Lee Fleming Sr Represented By James E Till

9:00 AM

CONT...

Terry Lee Fleming, Sr

Chapter 11

Plaintiff(s):

Havasu Lakeshore Investments Represented By Frederick M. Reich Martin A Eliopulos Grant G. Teeple

9:00 AM

6:17-19513

Terry Lee Fleming, Sr

Chapter 11

Adv#: 6:19-01108 Fleming Sr v. Fleming Jr et al

#7.00

*(Cont. as a Status Conference Only)

From: 7/23/20,12/10/20, 4/13/21

Docket 1

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will lift the stay and allow this adversary proceeding to move forward.

Next status conference: December 1, 2021 at 9:00 a.m. An updated status report is due November 17, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Terry Lee Fleming Sr Represented By James E Till

Michael B Reynolds

9:00 AM

CONT...

Terry Lee Fleming, Sr

Chapter 11

Defendant(s):

Terry Lee Fleming Jr Represented By Andrew Still Michael B Reynolds

Havasu Lakeshore Investments Pro Se

Jean Victor Peloquin Pro Se

Victor Construction, Inc. Pro Se

Teeple Hall LLP Represented By Frederick M Reich

Hart King Pro Se

Donald Hamman Pro Se

Donna Bader Pro Se

Higgs Fletcher & Mack LLP Represented By Martin A Eliopulos

J Victor Construction, Inc. Pro Se

Plaintiff(s):

Terry Lee Fleming Sr Represented By James E Till

9:00 AM

6:18-12269

Christopher Allen Hageman

Chapter 7

Adv#: 6:18-01081 Escontrias v. Hageman et al

#8.00

Hrg on Defendant's Motion filed 6/14/21 to Vacate Default Judgment

Docket 178

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to provide defendants with an opportunity to file a reply to plaintiff's opposition to defendants' motion to reopen the case and set aside the default judgment.

The hearing on these two motions is continued to August 31, 2021 at 9:00 a.m. Defendants' reply is due August 10, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Christopher Allen Hageman Represented By Roland D Tweed

Defendant(s):

Christopher Allen Hageman Pro Se

Crystal Dee Hageman Pro Se

Kai Hargis Pro Se

Joint Debtor(s):

Crystal Dee Hageman Represented By

9:00 AM

CONT...

Movant(s):

Christopher Allen Hageman

Roland D Tweed

Chapter 7

Christopher Allen Hageman Pro Se

Crystal Dee Hageman Pro Se

Plaintiff(s):

Pilar Escontrias Represented By

Ada R Cordero-Sack

Trustee(s):

Arturo Cisneros (TR) Pro Se

2:00 PM

6:16-11051

Wilbert Mauricio Henriquez

Chapter 7

Adv#: 6:16-01072 VOKSHORI LAW GROUP, APLC v. Henriquez

#1.00

CONT Hrg. on Order for Appearance and Examination From: 7/6/20, 8/17/20,11/17/20,4/13/21

Docket 51

Tentative Ruling:

APPEARANCES REQUIRED.

The judgment debtor examination will go forward in person. Judgment Debtor Wilbert Mauricio Henriquez shall personnaly appear for a judgment debtor examination on July 20, 2021 at 2:00 p.m. in Courtroom 6C located at 411 West Fourth Street, Santa Ana, California 92701. Face masks are optional for vaccinated persons.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Wilbert Mauricio Henriquez Represented By Brad Weil

2:00 PM

CONT...

Wilbert Mauricio Henriquez

Chapter 7

Defendant(s):

Wilbert Mauricio Henriquez Represented By Brad Weil

Plaintiff(s):

VOKSHORI LAW GROUP, APLC Represented By

Nima S Vokshori Brad Weil

Trustee(s):

Lynda T. Bui (TR) Pro Se

2:00 PM

6:17-20521

Val James Simon and Katherine Lois Simon

Chapter 7

#2.00

Hrg. on Trustee's Final Report and Applications for Compensation

Docket 109

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of $7,250.00 and expenses in the amount of $269.58.

The compensation is approved as to attorney Donald Reid, with fees in the amount of

$6,690.00 and expenses in the amount of $41.44.

The compensation is approved as to accountant Donald Fife, with fees in the amount of $1,00.00 and expenses in the amount of $0.00.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

2:00 PM

CONT...

Debtor(s):

Val James Simon and Katherine Lois Simon

Party Information

Chapter 7

Val James Simon Represented By Todd L Turoci

Joint Debtor(s):

Katherine Lois Simon Represented By Todd L Turoci

Trustee(s):

Robert Whitmore (TR) Represented By Donald W Reid

2:00 PM

6:19-12041

Patricia Saenz

Chapter 7

#3.00

Hrg. on Trustee's Final Report; Applications for Compensation EH

Docket 55

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of $1,446.20 and expenses in the amount of $21.59.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Patricia Saenz Represented By Emilia N McAfee

2:00 PM

CONT...

Trustee(s):

Patricia Saenz

Chapter 7

Arturo Cisneros (TR) Pro Se

2:00 PM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#4.00

Hrg. on Application for Compensation //Interim for Bicher & Associates, Other Professional, Period: 10/21/2020 to 5/31/2021, Fee: $34255.00, Expenses:

$.60.

Also # 5-6

Docket 309

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The compensation is approved on an interim basis as to Robert F. Bicher & Associates, with fees in the amount of $34,255.00 and expenses in the amount of

$0.60.

CHAPTER 11 TRUSTEE TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro Corrie Klekowski

Trustee(s):

Caroline Renee Djang (TR) Represented By Caroline Djang

2:00 PM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#5.00

Hrg. on Application for Compensation //First Interim for Caroline Renee Djang (TR), Trustee, Period: 6/16/2020 to 6/23/2021, Fee: $97102.00, Expenses:

$2280.51.

Docket 310

Tentative Ruling:

APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to Subchapter V Trustee Caroline Djang, with fees in the amount of $97,102.00 and expenses in the amount of

$2,250.51.

The Court will inquire into the cash liquidity of the estate and working capital needs.

CHAPTER 11 TRUSTEE TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro Corrie Klekowski

Trustee(s):

Caroline Renee Djang (TR) Represented By Caroline Djang

2:00 PM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#6.00

Hrg. on Application for Compensation Second Interim Application for Compensation Reid & Hellyer, Attorney, Period: 11/1/2020 to 5/31/2021, Fee:

$10,020.50, Expenses: $1,070.59.

Docket 308

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court has approved the stipulation between the UST and Reid & Hellyer, APC and allow on an interim basis:

The compensation is approved on an interim basis as to Reid & Hellyer, APC, with fees in the amount of $9,013.00 and expenses in the amount of $1,070.59.

REID & HELLYER TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro Corrie Klekowski

Trustee(s):

Caroline Renee Djang (TR) Represented By Caroline Djang

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#7.00

CONT. Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 12-1 by Claimant Syed (Raza) Razavi in the amount of $1,000,000.00

Also # 8-9

From: 4/27/21,6/8/21

Docket 160

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the status of settlement negotiations.

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#8.00

CONT. Hrg. on Debtor's Objection filed 3/26/21 to Claim No. 5-1 by Claimant Akbar Razavi in the amount of $1,000,000.00

From: 4/27/21,6/8/21

Docket 158

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the status of settlement negotiations.

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo M Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#9.00

CONT. Hrg. on Debtor's Objection filed 3/23/21 to Claim No. 7-1 by Claimant Akbar Razavi in the amount of $373,369.23

From: 4/27/21,6/8/21

Docket 144

Tentative Ruling:

APPEARANCES REQUIRED.

Disallow Claim No. 7-1 in its entirety on the ground that it appears to duplicate an obligation that is (1) acknowledged in the Schedules as owing, and (2) designated in the Plan for payment in full.

However, this disposition does not relieve Debtor of the obligation to pay

$378,213.77 to American Express under the Plan.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By

2:00 PM

CONT...

LCF LABS INC.

Arturo M Cisneros

Chapter 11

9:00 AM

8:15-12278

Morgan Drexen, Inc.

Chapter 7

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Scheduling And Case Management Conference

(Petition filed 4/30/2015)

[Case tranferred from CB on 7/21/2020]

FR: 6-10-15; 6-24-15; 7-27-15; 1-24-17; 7-25-17; 12-12-17; 6-5-18; 8-14-18;

11-6-18; 2-26-19; 5-7-19; 9-24-19; 12-3-19; 4-7-20; 7-7-20; 9-8-20; 9-23-20;

1-27-21

Docket 1

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Continue the status conference to December 15, 2021 at 9:00 a.m. to give the Trustee additional time to bring this case to closure.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Morgan Drexen, Inc. Represented By Paul R Shankman

Trustee(s):

Jeffrey I Golden (TR) Represented By Thomas H Casey Kathleen J McCarthy Reem J Bello

Beth Gaschen

9:00 AM

8:18-10905

Michael William Devine

Chapter 7

Adv#: 8:19-01095 The United States Trustee For Region 16 v. Devine

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debtor Pursuant to 11 U.S.C. Section 72711 U.S.C. Section 727 (Complaint filed 5/28/19)

(PTC set at S/C held 8-14-19)

FR: 8-14-19; 3-18-20; 6-24-20; 8-26-20; 11-30-20; 2-10-21; 4-21-21

Docket 1

Tentative Ruling:

APPEARANCES REQUIRED.

The pretrial conference was continued a number of times because of the pandemic. As a result, the Court still does not have a pretrial order. The Court will continue the pretrial conference to September 15, 2021 at 9:00 a.m. to give the parties an opportunity to meet and confer pursuant to LBR 7016-1 and to file a joint proposed pretrial order or stipulation.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Michael William Devine Represented By Christopher J Langley

Defendant(s):

Michael William Devine Represented By

9:00 AM

CONT...

Michael William Devine

Christopher J Langley Donald W Reid

Chapter 7

Plaintiff(s):

The United States Trustee For Represented By Frank Cadigan

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:20-10096

Michael Allan Barnum

Chapter 7

Adv#: 8:20-01053 Boards of Trustees of the National Elevator Indust v. Barnum

#3.00

CONT'D Hearing RE: Plaintiff Creditor's Motion For Summary Judgment (Motion filed 6-2-21)

FR: 7-14-21

Docket 13

Tentative Ruling:

APPEARANCES REQUIRED.

Debtor-defendant Michael Barnum ("Mr. Barnum") was the sole owner and controlling officer of Southcoast Elevator and Escalator Co., Inc. ("Southcoast"). Southcoast failed to pay over employee elective 401(k) plan deferrals and employee contributions to a health plan (the "Unpaid Trust Funds"). The trustees of the 401(k) plan and health plan ("Plaintiffs") commenced an adversary proceeding for a judicial determination that certain of Mr. Barnum’s obligations to the Plaintiffs are excepted from discharge under 11 U.S.C. § 523(a)(4) because they constitute "defalcation while acting in a fiduciary capacity." Plaintiffs move for summary judgment on this issue (the "Motion").

Plaintiffs contend they are entitled to prevail based upon a key Eight Circuit case, U.S. Department of Labor v. Harris (In re Harris), 561 B.R. 726 (8th Cir. 2017). Harris interprets and applies a controlling Supreme Court case on the issue of defalcation in a bankruptcy discharge context, Bullock v. BankChampaign, N.A., 569 U.S. 267 (2013). Bullock is notable for its ruling that "defalcation" in this context "includes a culpable state of mind requirement . . . We describe that state of mind as one involving knowledge of, or gross recklessness in respect to, the improper nature of the relevant fiduciary behavior." 569 U.S. at 269.

For purposes of deciding the Motion, the Court will assume (without deciding or

9:00 AM

CONT...

Michael Allan Barnum

Chapter 7

determining) that Harris correctly applies Supreme Court precedent in Bullock.

The key language in Harris is as follows: "{T]he Debtor committed defalcation as that term is used in § 523(a)(4) when he knowingly failed to remit employee contributions to HealthPartners and instead knowingly used those funds to pay for other corporate expenses But the Debtor misses the issue, which is his state of

mind between March 26 and March 31, when he chose not to pay approximately

$55,000 to maintain the employees’ health insurance, despite having more than

$70,000 available during that time There is no genuine issue as to these facts."

561 B.R. at 736-37 (underscoring added by this Court).

Based upon the foregoing, it is clear under Harris that three necessary elements of a section 523(a)(4) action for defalcation are (1) knowledge that trust funds are unpaid and owing, (2) a failure to pay over such trust funds, and (3) having the present ability to pay over such trust funds because there is sufficient cash available to do so.

The Court’s focus here is on the third required element. Plaintiffs attempt to show in the Motion that Mr. Barnum had the ability to pay the Unpaid Trust Funds by pointing to Southcoast’s revenues during the relevant months when wages were paid and Unpaid Trust Funds were not paid over: August 2016 -- $245,470.55; September 2016-- $83,242.36; October 2016--$192,118.00. Additionally, Southcoast had

$62,963.00 in revenues in November 2016. These amounts far exceed the amount of the Unpaid Trust Funds, so it would appear on first impression that Mr. Barnum in fact had the financial wherewithal (through Southcoast) to make the required payments.

Mr. Barnum alleges in his declaration in opposition to the Motion that Southcoast’s short-term financing was provided by Pearl Capital, New Era Lending and Royal Finance Group. These lenders, according to Mr. Barnum’s sworn declaration, had "access to Southcoast’s checking account to make daily withdrawals." Thus, it does not follow that merely because Southcoast received a certain amount of gross revenues during a given month, it had full power and control over such revenues. The short-term lenders, making daily withdrawals, could have removed such funds before Mr. Barnum could have used them to pay the Unpaid Trust Funds. In such event, Mr. Barnum would not have had the ability to pay the Unpaid Trust Funds.

Mr. Barnum’s declaration goes on to allege the financially crippling effects of the

9:00 AM

CONT...

Michael Allan Barnum

Chapter 7

short-term lenders’ daily withdrawals: "Allowing the lenders daily access to Southcoast’s accounts crippled its cashflow and made it extremely difficult to keep up with its obligations, including the payment obligations to the Plaintiffs."

It may be that, notwithstanding such daily withdrawals by the lenders, Southcoast still had the ability to pay some or all the Unpaid Trust Funds. However, that is not shown by the Motion. Plaintiffs have the burden of proof on this issue, and they have failed to meet it. The Court has searched the Motion and its supporting declarations in vain for the bank statements showing Southcoast checking account activity during the period August through October 2016. This is a genuine issue of material fact that precludes the grant of summary judgment to Plaintiffs. Fed. R. Civ. P. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986).

The Motion is denied. The Court will set a further status conference in this case for October 20, 2021 at 9:00 a.m. An updated status report is due October 6, 2020.

MR. BARNUM TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Michael Allan Barnum Represented By Andrew S Bisom

Defendant(s):

Michael Allan Barnum Represented By Andrew S Bisom

Plaintiff(s):

Boards of Trustees of the National Represented By

Laurie A Traktman Benjamin M ODonnell

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:20-11795

Byron York Priestley

Chapter 7

Adv#: 8:20-01159 Priestley v. 20 CAP FUND I, LLC et al

#4.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint for:

Violation of the Automatic Stay
Injunctive Relief
Declaratory Relief (Complaint filed 11-5-20)

(Another Summons Issued 12-8-20) FR: 2-24-21

Docket 1

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will issue the following scheduling order:

All discovery shall close on June 30, 2022.

All discovery motions shall be heard before July 31, 2022.

All pretrial motions (except motions in limine) shall be heard before August 31, 2022.

Pretrial conference is set for September 14, 2022 at 10: a.m. An updated status report is due August 31, 2022.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Byron York Priestley Represented By

9:00 AM

CONT...

Byron York Priestley

Anerio V Altman

Chapter 7

Defendant(s):

20 CAP FUND I, LLC Pro Se

FCI Lender Services, Inc. Pro Se

Plaintiff(s):

Byron York Priestley Represented By Anerio V Altman

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

8:20-12016

Robert Chester Underwood

Chapter 11

#5.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 7/17/2020)

FR: 9-23-20; 2-10-21

Docket 14

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: October 20, 2021 at 9:00 a.m. An updated status report is due October 6, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Robert Chester Underwood Represented By Michael Jones

9:00 AM

8:20-12027

2724 Ocean Blvd, LLC

Chapter 11

#6.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 11 Petition filed on 7/20/2020)

FR: 9-23-20; 1-27-21

Docket 11

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: November 3, 2021 at 9:00 a.m. An updated status report is due October 20, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

2724 Ocean Blvd, LLC Represented By Jeffrey I Golden

2:00 PM

8:19-10212

Hill Concrete Structures

Chapter 11

#1.00

CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)

Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case

(Petition filed 1/18/19)

FR: 3-20-19; 6-19-19; 11-13-19; 3-25-20; 6-29-20; 8-26-20; 11-18-20; 11-30-20

Docket 8

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Debtor's status report was very helpful to the Court. The Court will continue the status conference to January 26, 2022 at 9:00 a.m. An updated status report is due January 12, 2022.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Hill Concrete Structures Represented By Michael Jones Sara Tidd

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 12-4-20)

FR: 2-10-21, 4-7-21; 5-12-21; 7-14-21

Docket 1

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: November 3, 2021 at 9:00 a.m. An updated status report is due October 20, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#3.00

CONT'D Hearing RE: First Amended Disclosure Statement Describing Heartwise, Inc's First Amended Chapter 11 Plan of Reorganization (D.S. and Plan filed 3-20-21)

(Amended D.S. and Plan filed 5-5-21) FR: 5-12-21; 7-14-21

Docket 202

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will continue the Disclosure Statement hearing to September 1, 2021 at 2:00 p.m. for the reasons set forth in Debtor's Reply, Docket No. 326.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#4.00

(Motion filed 2-15-21)

FR: 3-8-21; 3-24-21; 4-7-21; 5-12-21; 7-14-21

Docket 76

Tentative Ruling:

APPEARANCES REQUIRED.

Grant. Robinson-Pharma has made a sufficient showing that it is entitled to entry of an order allowing and authorizing and directing payment of its Section 503(b)(9) (claim) and permitting Robinson-Pharma to offset such amounts against its deposit for the reasons set forth in Robinson-Pharma's amended notice of motion and replies.

Evidentiary objections to the Declaration of Elaine Phan are overruled. ROBINSON-PHARMA TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#5.00

CONT'D Hearing RE: Motion to Appoint a Chapter 11 Trustee (Motion filed 2-11-21)

FR: 3-8-21; 3-24-21; 4-7-21; 5-12-21; 7-14-21

Docket 67

Tentative Ruling:

APPEARANCES REQUIRED.

Creditor Vitamins Online, Inc. ("Vitamins Online") moves for entry of an order appointing a chapter 11 trustee (the "Motion"). Vitamins Online argues that "cause" exists to appoint a trustee in this case because (1) debtor and debtor in possession Heartwise, Inc. ("Heartwise") suffers from irreconcilable conflicts of interest, (2) Heartwise has committed fraud, dishonesty, incompetence and gross mismanagement, and (3) this case was filed in bad faith and as part of a litigation tactic. Heartwise opposes the Motion.

The Office of the United States Trustee ("UST") filed a statement of position supporting the appointment of a chapter 11 trustee on the grounds that Heartwise transferred millions of dollars to related entities on the eve of the filing of the bankruptcy petition and engaged in other transactions resulting in substantial pre- bankruptcy payments to related entities.

Heartwise is engaged in the business of selling health and nutritional supplements. Its business model is to purchase product in bulk from Robinson Pharma, Inc. ("RP") and to sell such product using the services of a marketing company named Alpha Health Research aka DRM ("DRM"). DRM also provides management services to Heartwise.

The appointment of a chapter 11 trustee for cause under 11 U.S.C. § 1104(a) is an

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

extraordinary remedy in a chapter 11 case. Cajun Elec. Power Co-op, Inc., 69 F.3d 746,749 (5th Cir. 1995). There is a strong presumption that a debtor should remain in possession absent a showing of need for the appointment of a trustee. Id. Vitamins Online has the burden of proof on the existence of cause for appointment of a chapter 11 trustee. In re LHC, LLC, 497 B.R. 281, 291 (Bankr. N.D. Ill. 2013).

Vitamins Online has failed to overcome the presumption that Heartwise should remain in possession of the bankruptcy estate and has failed to make a sufficient showing that "cause" exists to appoint a chapter 11 trustee. Allegations of Heartwise’s alleged incompetence and gross mismanagement ring hollow in light of information in Heartwise’s monthly operating reports showing that Heartwise’s cash balances have risen from $1,749,762.66 (December 2020 MOR, filed January 15, 2021) to $3,642,493.91 (June 2021 MOR, filed July 15, 2021). Cumulative profits according to the June MOR are at a high level -- $3,519,271. The Court is not persuaded that anything close to gross mismanagement or incompetence is present here.

Vitamins Online and the UST point to transfers of millions of dollars of cash from Heartwise to RP, a related company (Heartwise’s CEO and 51 percent owner, Mr. Nguyen, is also the CEO of RP, and his adult daughter owns 100 percent of RP’s stock), and to DRM and allege that such transfers are fraudulent. RP and DRM are major suppliers of goods and services to Heartwise. After a judgment in the approximate amount of $9 million was entered in favor of Vitamins Online and against Heartwise in United States District Court for the District of Utah, it was reasonable and prudent for RP and DRM to protect themselves by requiring Heartwise to make deposits to provide protection for costs such entities were likely to incur in providing goods and services to a customer who had just become subject to a very large judgment. Indeed, it would have been foolish under the circumstances for RP and DRM not to have taken steps to protect themselves. Although RP is related to Heartwise in terms of ownership and management, a third party completely unrelated to Heartwise likely would have acted to protect itself in a similar fashion once such a large judgment was entered against Heartwise. Vitamins Online and the UST have failed to show how the amounts of the deposits in question are disproportionate to the value of the on-going goods and services provided by RP and DRM to Heartwise.

Vitamins Online has failed to make a sufficient showing of a bad faith filing by

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

Heartwise. A corporation of Heartwise’s size facing a newly-entered $9 million judgment in favor of a business competitor might logically conclude that a bankruptcy filing is necessary to prevent the dismemberment of its business. The Court takes judicial notice of its own docket in this case. The docket shows beyond any shadow of a doubt that Vitamins Online has been very vigorous in asserting and prosecuting what it sees as its rights. It would have been logical for Heartwise to conclude that Vitamins Online, having obtained a $9 million judgment, would not have slept on its rights as a judgment creditor and that prompt action by Heartwise in the form of a bankruptcy filing was necessary to protect its business from destruction. Chapter 11 provides companies with a breathing spell from creditors and a fair opportunity to reorganize rather than to face destruction from creditor collection activity. That is what is occurring here. Heartwise’s filing is not made in bad faith. Heartwise’s prompt filing of a proposed chapter 11 plan and disclosure statement is additional powerful evidence that its purpose here is to reorganize and not merely to hold Vitamins Online at bay indefinitely until some good development turns up.

Vitamins Online’s request for judicial notice is granted.

Vitamins Online’s evidentiary objection to paragraph 4 of the Declaration of Ronald

A. Clifford (the "Clifford Declaration") in support of Heartwise’s opposition to the Motion is sustained under Rule 408(a) of the Federal Rules of Evidence. Its objections to the documents attached to the Clifford Declaration are sustained on foundation grounds.

The Motion is denied for the reasons set forth above.

HEARTWISE, INC. TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By Ronald Clifford

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#6.00

CONT'D Hearing RE: Evidentiary Objection and Motion to Strike, of Judgment Creditor Vitamins Online, Inc., to Attachments to Heartwise, Inc.'s Response to Further Briefing Filed 5-5-21 RE: Appointment of Chapter 11 Trustee, Because Those Attachments Are Not Authenticate

(Objection and Motion filed 5-6-21) FR: 5-12-21; 7-14-21

Docket 208

Tentative Ruling:

APPEARANCES REQUIRED.

An attorney who makes a factual argument in a motion without an accompanying declaration providing evidentiary support for such argument is at risk that the Court will determine that it is insufficient evidentiary support for the motion. However, that is not a basis for striking the motion or the portion of the motion that is unsupported by evidence. The objections are overruled.

HEARTWISE, INC. TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#7.00

CONT'D Hearing RE: Objection of Judgment Creditor Vitamins Online, Inc. to Heartwise, Inc.'s Amended Disclosure Statement (with Amended Plan) Being Heard on 5/12/21, Because That is Untimely; CD CA LBR 3017-1(a) and (b) Require a Disclosure Statement Be Filed 42 Days Before Hearing Date, and That Parties Wishing to File Objections Have Until 14 Days Before Hearing to File Objections

(Objection filed 5-6-21)

FR: 5-12-21; 7-14-21

Docket 207

Tentative Ruling:

APPEARANCES REQUIRED.

The objection to the timelines of the amended disclosure statement is overruled on the ground that the Court has continued the date of the disclosure statement hearing to a date that complies with all the requirements set forth in the FRBP and this Court's LBRs.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#8.00

CONT'D Hearing RE: Second Evidentiary Objection and Motion to Strike, of Judgment Creditor Vitamins Online, Inc., to Specified Text in Heartwise, Inc's Response Filed 5-5-21 (Opposing Appointment of Chapter 11 Trustee), Because the Text Objected to is Not Supported by Any Declaration, It is Argument Only

(Objection and Motion filed 5-7-21) FR: 7-14-21

Docket 211

Tentative Ruling:

APPEARANCES REQUIRED.

Deny. A litigant is entitled to make legal and factual arguments in the text of its motion. That a party opposing the motion happens to disagree with such arguments is not grounds for striking them.

HEARTWISE, INC. TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

9:00 AM

8:21-10030

Christy Celeste Camp Quade and Trever Alan Quade

Chapter 13

#1.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-25-21; 5-27-21

Docket 13

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Christy Celeste Camp Quade Represented By Tate C Casey

Joint Debtor(s):

Trever Alan Quade Represented By Tate C Casey

Movant(s):

Christy Celeste Camp Quade Represented By Tate C Casey Tate C Casey Tate C Casey Tate C Casey Tate C Casey

Trever Alan Quade Represented By Tate C Casey

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11104

Gregory Arthur Angel and Wendy Golovkin Angel

Chapter 13

#2.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Gregory Arthur Angel Represented By Anthony B Vigil

Joint Debtor(s):

Wendy Golovkin Angel Represented By Anthony B Vigil

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11201

Jessica Amabilia Morales

Chapter 13

#3.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Jessica Amabilia Morales Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11194

Jowell A Tatlonghari

Chapter 13

#4.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 19

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Jowell A Tatlonghari Represented By Randolph R Ramirez

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11117

Christine Karol Roberts

Chapter 13

#5.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, OR PLAN ENTERED ON 5-28-21 (DOCKET NO. 10).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christine Karol Roberts Pro Se

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11289

Eunice Lim

Chapter 13

#6.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, OR PLAN ENTERED ON 6-7-21 (DOCKET NO. 12).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eunice Lim Represented By

Andrew S Cho

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11299

Yasmil Contreras

Chapter 13

#7.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, OR PLAN ENTERED ON 6-7-21 (DOCKET NO. 9).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Yasmil Contreras Pro Se

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-12511

Alejandro Aguirre and Judith G. Aguirre

Chapter 13

#1.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 6-9-21)

(Set per opposition filed 6-14-21)

Docket 110

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 7-7-21 (DOCKET NO. 113).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alejandro Aguirre Represented By Jaime A Cuevas Jr.

Joint Debtor(s):

Judith G. Aguirre Represented By Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-13594

Cesar C Galaviz

Chapter 13

#2.00

Hearing RE: Motion to Vacate Dismissal (Motion filed 5-25-21)

Docket 79

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the motion upon the terms and conditions specified by the Chapter 13 Trustee in his opposition to the motion.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Cesar C Galaviz Represented By Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-13998

Mike J. Amaral

Chapter 13

#3.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 6-2-21)

(Set per notice and opposition filed 6-8-21)

Docket 123

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 7-7-21 (DOCKET NO. 127).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mike J. Amaral Represented By Andy C Warshaw

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-10218

Lourdes Watters

Chapter 13

#4.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 6-2-21)

(Set per notice and opposition filed 6-10-21)

Docket 90

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 7-7-21 (DOCKET NO. 96).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lourdes Watters Represented By Bryn C Deb

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-10693

Maria A Basave de Guillen

Chapter 13

#5.00

CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c)(6))

(Motion filed 1/6/2021)

(Set per notice and opposition filed 1-25-21)

FR: 3-25-21; 4-29-21; 5-27-21

Docket 139

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant Debtor's motion to modify upon the terms and conditions specified by the Chapter 13 Trustee in Docket No. 165 and permit the Chapter 13 Trustee to withdraw the motion to dismiss.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Maria A Basave de Guillen Represented By Christopher J Langley Michael Smith

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-12655

Lian Menguito Lumba

Chapter 13

#6.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 5-4-21)

(Set per opposition filed 5-26-21)

Docket 45

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 7-19-21 (DOCKET NO. 54).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lian Menguito Lumba Represented By Raymond J Seo

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-10788

Eric Kennedy

Chapter 13

#7.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 5-4-21)

(Set per notice filed 6-1-21)

Docket 36

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL FILED 7-19-21 (DOCKET NO. 41).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eric Kennedy Represented By Andy Nguyen

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-11454

Laura Jean Holloway

Chapter 13

#8.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 4-7-21)

(Set per opposition filed 4-30-21) FR: 6-10-21

Docket 69

Tentative Ruling:

APPEARANCES REQUIRED.

No tentative ruling.

Party Information

Debtor(s):

Laura Jean Holloway Represented By Anthony B Vigil

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-11776

Lisa Cordes

Chapter 13

#9.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 5-4-21)

(Set per opposition filed 5-21-21) FR: 6-10-21

Docket 38

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 7-13-21 (DOCKET NO. 51).

Tentative Ruling:

Party Information

Debtor(s):

Lisa Cordes Represented By

Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-11776

Lisa Cordes

Chapter 13

#10.00

Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend Plan Payments

(Motion filed 6-9-21)

Docket 42

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY PLAN ENTERED ON 7-9-21 (DOCKET NO. 49).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lisa Cordes Represented By

Jaime A Cuevas Jr.

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-12046

Michelle De La Cruz

Chapter 13

#11.00

Hearing RE: Application of Attorney for Debtor for Additional Fees and Related Expenses in a Pending Chapter 13 Case Subject to a Rights and Responsibilities Agreement for the Period from April 1, 2021 to May 21, 2021

(Motion filed May 28, 2021)

[RE: Vokshori Law Group, APLC, Debtor's Attorney] [Fees: $3,760.00; Expenses: $0.00]

Docket 56

Tentative Ruling:

APPEARANCES REQUIRED.

Grant in part and allow fees of $3,760.00, none of which may be collected from the Chapter 13 Trustee.

MOVANT TO LODGE ORDER AFTER THE CHAPTER 13 TRUSTEE HAS APPROVED AS TO FORM VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Michelle De La Cruz Represented By Nima S Vokshori

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-14515

Steven Ray Matteson, Jr. and Heather Ann Matteson

Chapter 13

#12.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 6-2-21)

(Set per opposition filed 6-17-21)

Docket 55

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 6-21-21 (DOCKET NO. 62).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Ray Matteson Jr. Represented By Richard G Heston

Joint Debtor(s):

Heather Ann Matteson Represented By Richard G Heston

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11656

Jeffrey Brent Scott

Chapter 7

#1.00

Motion for relief from stay [Personal Property]

Americredit Financial Services, Inc. dba GM Financial vs DEBTOR (Motion filed 7-9-21)

[RE: 2018 Cadillac Escalade - VIN No.: 1GYS4KKJ2JR308499]

Docket 8

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jeffrey Brent Scott Represented By Nicholas M Wajda

Trustee(s):

Weneta M.A. Kosmala (TR) Pro Se

9:00 AM

CONT...

Jeffrey Brent Scott

Chapter 7

9:00 AM

8:20-13014

Northern Holding, LLC

Chapter 7

#2.00

Motion for relief from stay [Personal Property]

Adler Belmont Group, Inc. vs. DEBTOR (Motion filed 7-6-2021)

[RE: General Liability Policy CA00004156801; Excess Liability Policy GX00000426701]

Docket 130

Tentative Ruling:

APPEARANCES REQUIRED.

The insurance policies at issue are estate property under 11 U.S.C. §541 and have value, namely, insurance coverage. Movant may have a prepetition claim for the unpaid premium and an administrative expense claim for coverage provided post- petition. Cause does not exist to grant relief from the stay. Movant has failed to show the estate lacks equity in the policies under 11 U.S.C. § 362(d)(2), (5). Denied with prejudice.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

CONT...

Northern Holding, LLC

Chapter 7

9:00 AM

8:20-13014

Northern Holdings, LLC

Chapter 11

#3.00

CONT'D Motion for relief from stay [Real Property]

Farm Credit West, FLCA vs DEBTOR (Motion filed 11-6-20)

[RE: 2380 Live Oak Rd, Paso Robles, CA 93446]

FR:11-30-21; 3-22-21; 6-14-21

Docket 11

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Approve stipulation and continue hearing to August 30, 2021 at 2:00 p.m. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holdings, LLC Represented By Matthew D. Resnik

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#4.00

CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]

Fineline Woodworking, Inc., dba Fineline Architectural Milwork, Inc. (Motion filed 4-22-21)

[Case Name: Fineline Architectural Millwork, Inc v 239 Carnation, LLC at al] [Docket No. 30-2019-01050953-CU-BC-CJC]

[Pending In: Orange County Superior Court]

FR: 6-14-21

Docket 100

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION RESOLVING THE MATTER ENTERED ON 7-1-21 (DOCKET NO. 138).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

9:00 AM

8:21-11234

JY Korea, Inc.

Chapter 11

#5.00

CONT'D Motion for relief from stay [Unlawful Detainer]

ESK Huntington Beach, LLC; ESK Huntington Beach 2, LLC; and ROM Huntington Beach, LLC vs DEBTOR

(Motion filed 6-18-21)

[RE: 17236 Pacific Coast Hwy., Huntington Beach, CA 92649]

FR: 7-12-21

Docket 14

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Grant under 11 U.S.C. § 362(d)(1). Deny as to extraordinary relief in boxes 7 and 9. The Court makes no findings regarding the Debtor's good or bad faith.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

JY Korea, Inc. Represented By Donald E Iwuchuku

9:00 AM

8:18-10218

Lourdes Watters

Chapter 13

#6.00

CONT'D Amended Motion for relief from stay [Real Property]

MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)

(Amended Motion filed 12-4-20)

[RE: 23905 Matador Way, Murrieta, CA 92562]

FR: 8-24-20; 10-5-20; 11-2-20; 12-7-20; 1-11-21; 2-22-21; 4-19-21, 5-24-21;

7-12-21

Docket 69

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the status of settlement efforts.

Party Information

Debtor(s):

Lourdes Watters Represented By Bryn C Deb

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#7.00

CONT'D Hearing RE: Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Motion of Debtor and Debtor In Possession for Order:

Authorizing Sale of Property of the Estate Free and Clear of Liens, Claims, and Interests Pursuant to 11U.S.C. §§ 363(b) and (f);
Approving Overbid Procedures;
Finding Successful Bidder and Overbidder are Good Faith Purchasers Pursuant to 11 U.S.C. §363(m); and
Authorizing Payment of Ordinary Costs of Sale (Motion filed 6-28-21)

FR: 7-19-21

Docket 128

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the results of the auction.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

2:00 PM

8:18-14203

Pacific Foods & Distribution, Inc.

Chapter 7

#1.00

Hearing RE: Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses

(Final Report filed 6/23/21)

[RE: Jeffrey I. Golden - Chapter 7 Trustee] [Fees: $21,176.49; Expenses: $262.26]

[RE: Law Office of Thomas H. Casey - Chapter 7 Trustee's Attorney] [Fees: $65,070.00; Expenses: $3,864.58]

[RE: Hahn Fife & Company - Accountant] [Fees: $4,540.00; Expenses: $481.60]

[RE: ABC Service Group, Inc. - Auctioneer] [Fees: $34,433.30; Expenses: $49,123.44]

[RE: Franchise Tax Board]

[Administrative Tax Claim No. 29: 1,640.73]

[RE: Independent Management Services - Field Representative] [Fees: $9,619.50; Expenses: $333.48]

Docket 179

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will approve and allow the payments proposed by the Chapter 7 Trustee in the Trustee's Final Report.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

2:00 PM

CONT...

Debtor(s):

Pacific Foods & Distribution, Inc.

Party Information

Chapter 7

Pacific Foods & Distribution, Inc. Represented By

Edmond Richard McGuire

Trustee(s):

Jeffrey I Golden (TR) Represented By Thomas H Casey

2:00 PM

8:19-10212

Hill Concrete Structures

Chapter 11

#2.00

Hearing RE: Motion to Extend Time For Recovery of Retention Funds (Motion filed 7-6-21)

Docket 246

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Grant in part. The Court will extend the deadline to May 31, 2022, and set a status conference for May 16, 2022 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Hill Concrete Structures Represented By Michael Jones Sara Tidd

2:00 PM

8:21-10060

Amir Saati

Chapter 7

#3.00

Hearing RE: Application to Employ Law Offices of Michael G. Spector as Attorney for Richard A. Marshack, Chapter 7 Trustee

(Motion filed 6-29-21)

(Opposition filed 7-8-21) (Set per notice filed 7-12-21)

Docket 44

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the application but will reserve the issue of allowance of fees incurred for services rendered prior to April 12, 2021.

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Amir Saati Represented By

Michael S Kogan

Trustee(s):

Richard A Marshack (TR) Represented By Michael G Spector

2:00 PM

8:20-11329

Ilyas M. Chaudhary

Chapter 11

#4.00

Hearing RE: Motion for Order Approving Post Petition Financing From Jovian Petroleum Corp to Pay Internal Revenue Service and Franchise Tax Board.; and Granting to Jovian Petroleum Corp. A Junior Deed of Trust on Debtor's Property (Motion filed 7-10-21)

Docket 84

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ilyas M. Chaudhary Represented By Kevin Tang

2:00 PM

8:18-11759

Chester Davenport

Chapter 7

#5.00

Hearing RE: Motion RE: Chapter 7 Trustee's Motion Objecting to Claim No. 16 and Claim No. 17

Docket 394

Tentative Ruling:

APPEARANCES REQUIRED.

Grant and disallow Claim Nos. 16 and 17 in their entirety for the reasons argued by the Trustee.

Additionally, a failure to timely file an opposition may be deemed by the Court as consent to the granting of the motion under LBR 9013-1(h). The Court deems the claimants failure to timely file an opposition as consent to the granting of the Motion.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Chester Davenport Represented By Michael Jay Berger

Trustee(s):

Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz

2:00 PM

8:21-10619

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

#6.00

CONT'D Hearing RE: Motion for Reconsideration Under Rule 60(b) of the Order Granting in Part and Denying in Part Motion for Order:

Dismissing Debtor's Bankruptcy Case for Lack of Jurisdiction;
Dismissing Debtor's Bankruptcy Case for Cause Pursuant to Bankruptcy Code § 1112(b);
Abstaining from Debtor's Bankruptcy Case Pursuant to Bankruptcy Code § 305; or Alternatively,
Exercising Mandatory or Permissive Abstention Under 28 U.S.C. § 1334(c) Over the Question of Whether Debtor's Case was Properly Authorized to be Filed Under the Applicable Corporate Law; and (5) Awarding Sanctions for Violations of Bankruptcy Rule 9011

(Motion filed 6-2-21)

FR: 7-12-21

Docket 97

Tentative Ruling:

APPEARANCES REQUIRED.

Deny for the reasons argued by Debtor in its opposition to the Motion. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Global Discovery Biosciences Represented By Jeffrey I Golden Beth Gaschen Sonja Hourany

2:00 PM

CONT...

Trustee(s):

Global Discovery Biosciences Corporation, a Delawa

Chapter 11

Mark M Sharf (TR) Pro Se

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#7.00

CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Compelling Examination Of And Production Of Documents By Derek Doherty Pursuant To Federal Rule Of Bankruptcy Procedure 2004

(Motion filed 3/13/20)

FR: 4-13-20, 8-10-20; 12-14-20; 3-15-21; 5-24-21; 6-14-21

Docket 186

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to October 4, 2021 at 2:00 p.m. so that greater visibility can be gained regarding Mr. Doherty's claim of Fifth Amendment Privilege.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

Movant(s):

Jeffrey I. Golden, Chapter 7 Trustee Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#8.00

CONT'D Hearing RE: The Chapter 7 Trustee's Motion for Issuance of an Order to Show Cause RE Civil Contempt Against Derek Doherty for Violation of This Court's Order

(Motion filed 3-29-21)

(Set Per Order Entered 3-29-21) FR: 6-14-21

Docket 356

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to October 4, 2021 at 2:00 p.m. so that greater visibility can be gained regarding Mr. Doherty's claim of Fifth Amendment Privilege.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

8:19-11218

US Direct LLC

Chapter 7

#9.00

CONT'D Evidentiary Hearing RE: Fifth Amendment Privilege (Mr. Derek Doherty Is Ordered To Personally Appear) (Record Will Be Sealed)

(Set per Order Entered 4-22-2020 - Docket No. [196]) FR: 6-29-20; 11-16-20; 3-15-21; 5-24-21; 6-14-21

Docket 196

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will conduct in-camera hearing on the Fifth Amendment claim. Mr. Derek Doherty is ordered to appear in person in Courtroom 6C at the date and time of the hearing.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

2:00 PM

6:18-18731

Scott Shih Lee

Chapter 7

#1.00

CONT. Hrg. on Order to Show Cause as to why Debtor should not be held in contempt of court for failing to comply with Court Orders

From: 7/14/20,12/15/20

Docket 109

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire whether the Debtor is in compliance with the terms of his agreement with the Chapter 7 Trustee.

Party Information

Debtor(s):

Scott Shih Lee Represented By Ronald D Halpern

Movant(s):

Robert Whitmore (TR) Represented By

D Edward Hays Tinho Mang Ronald D Halpern Chad V Haes

Trustee(s):

Robert Whitmore (TR) Represented By

D Edward Hays Tinho Mang Ronald D Halpern

2:00 PM

CONT...

Scott Shih Lee

Chad V Haes

Chapter 7

2:00 PM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#2.00

Hrg. on creditor Lexington National Insurance Corporation's Fifth Interim Stipulation Authorizing Use of Cash Collateral

Docket 317

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will grant the Motion.

LEXINGTON NATIONAL TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro Corrie Klekowski

Movant(s):

Lexington National Insurance Represented By Leonard M Shulman Franklin J Contreras

Trustee(s):

Caroline Renee Djang (TR) Represented By Caroline Djang

9:00 AM

6:14-18824

Maria Elena Rodriguez

Chapter 7

Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons

#1.00

From: 10/22/20,5/11/21

Docket 1

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Continue the pretrial conference as a status conference only to December 1, 2021 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Maria Elena Rodriguez Represented By

Michael H Colmenares John P Kreis

Defendant(s):

Larry D Simons Represented By Daniel A Lev

9:00 AM

CONT...

Maria Elena Rodriguez

Chapter 7

Plaintiff(s):

Ford Walker Haggerty & Behar, LLP Represented By

Howard Steinberg

Timothy McDonald Represented By Howard Steinberg

Trustee(s):

Larry D Simons (TR) Represented By

C John M Melissinos Daniel A Lev

9:00 AM

8:17-14478

Dennis Edward Lake

Chapter 7

Adv#: 8:18-01035 Federal Trade Commission v. Lake

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint For Nondischargeability Of Debt

(Complaint filed 2/9/18) (Amended Complaint filed 3/30/18) (Another Summons issued 3/30/18)

FR: 5-23-18; 6-27-18; 10-24-18; 4-10-19; 10-16-19; 2-19-20; 10-21-20; 4-7-21

Docket 9

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will continue the status conference to December 1, 2021 at 9:00 a.m. An updated status report is due November 17, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Dennis Edward Lake Represented By

D Justin Harelik

Defendant(s):

Dennis Edward Lake Pro Se

Plaintiff(s):

Federal Trade Commission Represented By Michael P Mora

9:00 AM

CONT...

Trustee(s):

Dennis Edward Lake

Chapter 7

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:18-10905

Michael William Devine

Chapter 7

Adv#: 8:18-01121 Getson et al v. Devine

#3.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine The Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(a) Complaint filed 6/29/18)

(PTC set at S/C held 3/13/19)

(S/C set per Order Entered 6-7-19)

FR: 9-19-18; 3-13-19; 6-19-19; 12-18-19, 8-12-20; 2-17-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - STATUS CONFERENCE TAKEN OFF CALENDAR IN VIEW OF THE SEPTEMBER 20, 2021 TRIAL IN 727 ADVERSARY ( 8:19-ap-01095-MW).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael William Devine Represented By Christopher J Langley

Defendant(s):

Michael William Devine Represented By Christopher J Langley

Plaintiff(s):

Lisa Getson Represented By

Mitchell B Hannah

Todd Lansinger Represented By Mitchell B Hannah

Trustee(s):

Richard A Marshack (TR) Pro Se

9:00 AM

CONT...

Michael William Devine

Chapter 7

9:00 AM

8:18-13311

Ruby's Diner, Inc., a California corporation

Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al

#4.00

STATUS CONFERENCE RE: First Amended Complaint:

Breach Of Fiduciary Duty;
Aiding And Abetting Breach Of Fiduciary Duty;
Avoidance Of Actual Fraudulent Transfers Under 11 U.S.C. Section 548(a) (1)(A);
Avoidance Of Constructive Fraudulent Transfers Under 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Fraudulent Transfers Under 11 U.S.C. Sections 550 And 551;
Avoidance And Recovery Of Actually Fraudulent Transfers Under 11 U.S.C. Section 544 And Cal. Civ. Code Section 3439.04;
Avoidance And Recovery Of Constructively Fraudulent Transfers Under 11
U.S.C. Section 544 And Cal. Civ. Code Section 3439.05
Recovery Of Illegal Dividends Under Cal. Corp. Code Sections 500, 501 And 506;
Equitable Subordination Of Claims Under 11 U.S.C. Section 510(c);
Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(A);
Permanent Injunction Under Cal. Civ. Code Section 3439.07(a)(3)(C);
Breach Of Contract;
Money Lent;
Open Book Account;
Violation Of Cal. Penal Code Section 496(c);
Accounting;
Constructive Trust; And
Misappropriation Of Trade Secrets (Complaint filed 3/11/2021)

(First Amended Complaint filed 4/29/2021) (Case Transferred from SC to MW on 6/4/21)

Docket 76

Tentative Ruling:

9:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

APPEARANCES REQUIRED.

The Court will issue the following scheduling order:

All discovery shall close on February 28, 2022.

All fact discovery motions shall be heard before March 31, 2022.

The Court sets a further status conference in this adversary proceeding for April 13, 2022 at 9:00 a.m.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Beachcomber Management Crystal Represented By

Leo A Bautista Maria L Garcia

Aviram Edward Muhtar

9:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

Lighthouse Cafe, LLC Represented By Carl Mueller

Beachcomber at Crystal Cove, LLC Represented By

Carl Mueller

Shake Shack Crystal Cove, LLC Represented By

Carl Mueller

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

9:00 AM

8:18-13311

Ruby's Diner, Inc., a California corporation

Chapter 7

Adv#: 8:21-01014 Marshack v. Cavanaugh et al

#4.10

CONT'D Hearing RE: Motion for Partial Dismissal of Amended Complaint (Motion filed 6-1-21)

FR: 7-14-21

Docket 123

Tentative Ruling:

APPEARANCES REQUIRED.

Defendants Cavanaugh, Kosmides and Beachcomber Management Crystal Cove, LLC (collectively, "Defendants") move for partial dismissal of the third, fourth, sixth and seventh causes of action (the "Motion") stated in the First Amended Complaint filed by Chapter 7 trustee Richard Marshack ("Plaintiff").

Plaintiff opposes the Motion and argues that the Federal Rules of Civil Procedure (applicable to this adversary proceeding via incorporation in whole or in part by the Federal Rules of Bankruptcy Procedure) do not permit a motion for piecemeal partial dismissal of a cause of action.

Plaintiff and Defendants have cited the Court to case law allegedly supporting their contentions. The Court, having reviewed such case law as well as other case law deemed by the Court to relevant, determines that Plaintiff’s position is strongly supported by both circuit and district court direct authority. BBL, Inc. v. City of Angola, 809 F.3d 317, 325 (7th Cir. 2015) ("A motion to dismiss under Rule 12(b)(6) doesn’t permit piecemeal dismissals of parts of claims; the question at this stage is simply whether the complaint includes factual allegations that state a plausible claim for relief"); Snell v. G4S Secure Solutions (USA), Inc., 424 F. Supp.3d 892, 904 (E.D. Cal. 2019) ("But even if the Court accepted G4S’s argument . . . it cannot partially dismiss either of the two causes of action under Rule 12(b)(6) as it would be

9:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

procedurally improper [citing BBL, Inc. v. City of Angola]); In re Netopia, Inc. Securities Litigation, Case No. C-04-03364 RMW, 2005 WL 3445631 (N.D. Cal., Dec. 15, 2005) ("By its terms, there does not appear to be any way to grant partial dismissal of a claim under Fed. R. Civ.P. 12(b)(6). The defendants have not presented the court with any case where a court has dismissed under Fed. R. Civ. P. 12(b)(6) only part of a complaint except individual causes of action, nor can the court find such a case"). This approach to the issue is consistent with the proposition that the complaint should be read as a whole, not parsed piece by piece to determine whether each allegation, in isolation is plausible. Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009).

In contrast, the cases cited by Defendants, although perhaps involving partial dismissals of claims, do not (with one exception) contain discussion of the issue whether Rule 12(b)(6) permits partial dismissal. The absence of such discussion leads this Court to suspect the party opposing dismissal did not raise the issue – and hence the courts in those cases did not discuss it. For example, in Del Castillo v.

Community Child Care Council of Santa Clara, Inc., Case No. 17-cv-07243-SVK, 2018 WL 2357698 (N.D. Cal., May 24, 2018), the court stated in footnote 12 "As explained above, Claim Two is partially dismissed as time-barred." However, one reads the text of the decision in vain for any hint that either the court or the parties actually focused on whether a claim for relief can be partially dismissed under Rule 12(b)(6). The absence in the opinions in cases cited by defendants of the question whether claims can be partially dismissed under Rule 12(b)(6) leads the Court to give little or no weight to these cases.

Defendants cite a bankruptcy court case from the District of Connecticut where the court stated in its opinion that"[i]n fact, courts routinely dismiss portions of claims where relief cannot be granted as to some but not all, factual allegations or defendants." Katz v. Anderson (In re Anderson), 623 B.R. 199, 219 (D. Conn. 2020). A dismissal of a claim as to some defendants but not others does not raise the issue that is before the Court here. Each defendant in a multi-defendant case has the right to examine the complaint and determine whether the facts stated in a particular count of the complaint states a claim against him for which relief can be granted. If the complaint fails to do that as to a particular count and a particular defendant, the count should be dismissed as to that defendant. Although that is a kind of "partial

9:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

dismissal," it is not the type of partial dismissal at issue here.

A partial dismissal where relief cannot be granted because of factual allegations is nearer the mark here, but the Connecticut court’s failure to explain why such a partial dismissal is proper under Rule 12(b)(6) leads this Court to give far less weight to the decision than it does to the decisions cited by Plaintiff that are discussed above.

For these reasons, the Motion is denied with prejudice.

Party Information

Debtor(s):

Ruby's Diner, Inc., a California Represented By William N Lobel Jeffrey P Nolan

Defendant(s):

Douglas Cavanaugh Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Ralph Kosmides Represented By Leo A Bautista

Aviram Edward Muhtar Maria L Garcia

David P Crochetiere

Beachcomber Management Crystal Represented By

Leo A Bautista Maria L Garcia

Aviram Edward Muhtar

Lighthouse Cafe, LLC Represented By Carl Mueller

Beachcomber at Crystal Cove, LLC Represented By

Carl Mueller

9:00 AM

CONT...

Ruby's Diner, Inc., a California corporation

Chapter 7

Shake Shack Crystal Cove, LLC Represented By

Carl Mueller

Plaintiff(s):

Richard A. Marshack Represented By Christopher Dale Beatty

Trustee(s):

Richard A Marshack (TR) Represented By Laila Masud

D Edward Hays Tinho Mang

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

Adv#: 8:21-01019 Doyle v. Robinson Pharma, Inc. et al

#5.00

Hearing RE: Motion to Dismiss Amended Complaint of DavidPaul Doyle or Alternatively, Stay Action

(Motion filed 7-13-21)

Docket 25

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION CONTINUING HEARING TO AUGUST 11, 2021 AT 9:00 AM ENTERED 7-26-21 (DOCKET NO. 30).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

Defendant(s):

Robinson Pharma, Inc. Represented By Steven J. Katzman Anthony Bisconti Carlos A Nevarez

Ernesty LLC Represented By

Anthony Bisconti

Alpha Health Research Represented By Anthony Bisconti

Tuong Nguyen Represented By Anthony Bisconti

Plaintiff(s):

DavidPaul Doyle Represented By Jared Glicksman

9:00 AM

CONT...

Heartwise, Inc.

Chapter 11

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

Adv#: 8:21-01019 Doyle v. Robinson Pharma, Inc. et al

#6.00

STATUS CONFERENCE Hearing RE: Amended Complaint to Subordinate Claims and Interests of Ernesty LLC, Robinson Pharma, Inc., and Alpha Health Research Inc., to the Claims and Interests of Plaintiff DavidPaul Doyle under Section 510(c) of the Bankruptcy Code and to Remove Earnesty as the Controlling Shareholder of the Debtor

(Complaint filed 5-10-21) (Amended Complaint filed 6-23-21)

Docket 17

*** VACATED *** REASON: OFF CALENDAR - STATUS CONFERENCE CONTINUED TO SEPTEMBER 15, 2021 AT 9:00 AM PER ANOTHER SUMMONS ISSUED ON 6-30-21 (DOCKET NO. 19).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

Defendant(s):

Robinson Pharma, Inc. Pro Se

Ernesty LLC Pro Se

Alpha Health Research Pro Se

Plaintiff(s):

DavidPaul Doyle Represented By Jared Glicksman

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01080 Golden v. Tezo, Inc. et al

#7.00

PRE-TRIAL CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers

(Complaint filed 5/14/20) FR: 8-12-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION DISMISSING ADVERSARY PROCEEDING ENTERED ON 2-22-21 (DOCKET NO. 13).

Tentative Ruling:

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Tezo, Inc. Represented By

Eric D Olson

Troy Kiem Represented By

Eric D Olson

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01083 Golden v. Jafrey

#8.00

CONT'D Hearing RE: Motion to Set Aside Default Judgment of Abdullah Jafrey (Motion filed 12-17-20)

FR: 2-24-21, 4-14-21

Docket 24

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF MOTION TO SET ASIDE DEFAULT JUDGMENT OF ADULLAH JAFREY FILED 6-24-2021 - (DOCKET NO. 35)

Tentative Ruling:

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Abdullah Jafrey Represented By Andrew K Yun

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

8:20-13014

Northern Holding, LLC

Chapter 7

#9.00

Motion for relief from stay [Personal Property]

Bank Direct Capital Finance vs DEBTOR (Motion filed 7-20-21)

(Set per OST entered 7-21-21)

[RE: Unearned Insurance Premiums]

Docket 145

Tentative Ruling:

APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

9:00 AM

CONT...

Trustee(s):

Northern Holding, LLC

Chapter 7

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

10:00 AM

8:21-11260

Tracey Martinez

Chapter 7

#1.00

Hearing RE: Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.

(Reaffirmation filed 7-6-21)

[RE: 2017 Volkswagen Tiguen Limit - Amount $12,799.11] [VIN No.: WVGAV7AX6HK019190]

Docket 15

Tentative Ruling:

APPEARANCES REQUIRED.

The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Tracey Martinez Pro Se

Trustee(s):

Richard A Marshack (TR) Pro Se

10:00 AM

8:21-11319

Claudia Vazquez

Chapter 7

#2.00

Hearing RE: Reaffirmation Agreement Between Debtor and American Honda Finance Corporation

(Reaffirmation filed 6-23-21)

[RE: 2014 Honda Odyssey - Amount $4,765.91] [VIN No.: 5FNRL5H2XEB016913]

Docket 10

Tentative Ruling:

APPEARANCES REQUIRED.

Approve if loan is current, vehicle is insured, and the Debtor is comfortable with reaffirmation.

Party Information

Debtor(s):

Claudia Vazquez Represented By

Steven A. Alexander

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:20-10251

Ralph Q. Quinata and Maria A Quinata

Chapter 13

#1.00

Motion for relief from stay [Real Property]

Deutsche Bank National Trust Company vs DEBTORS (Motion filed 7-14-21)

[RE: 13132 Willamette Street, Westminster, CA 92683]

Docket 76

Tentative Ruling:

APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ralph Q. Quinata Represented By Christopher J Langley

Joint Debtor(s):

Maria A Quinata Represented By Christopher J Langley

9:00 AM

CONT...

Trustee(s):

Ralph Q. Quinata and Maria A Quinata

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11318

530 Media Lab, Inc.

Chapter 7

#2.00

Motion for relief from stay [Action In Non-Bankruptcy Forum]

Shauna Wagoner vs DEBTOR (Motion filed 7-16-21)

[RE: Shauna Wagoner v. 530 Media Lab, Inc. et al. Docket No.

30-2019-01118804-CU-OE-CJC, Superior Court - County of Orange]

Docket 9

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire whether the Chapter 7 Trustee opposes the granting of the stipulation.

Party Information

Debtor(s):

530 Media Lab, Inc. Represented By Freddie V Vega

Trustee(s):

Thomas H Casey (TR) Pro Se

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 7

#1.00

Hearing RE: Motion for Order Further Extended Time to Assume or Reject Executory Contracts Pursuant to 11 U.S.C. Section 365(A)

(Motion filed 7-16-21)

Docket 138

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

2:00 PM

8:18-13870

Francisco Ramirez Ramirez and Aurora Mendez Barajas

Chapter 13

#2.00

CONT'D STATUS CONFERENCE Hearing RE: Objection To Proof Of Claim:

Claim No. 3 Investment Consultants, Inc. $163284.01 (Motion filed 3/29/2019]

(Order Entered 9/27/2019)

[Case Transferred from CB on 7/31/2020]

[Case Remanded And Reversed (Docket No. 70)

(S/C set per Order Entered 8/4/2020)

FR: 5-9-19; 8-8-19; 10-7-20; 1-11-21; 4-26-21; 6-14-21

Docket 39

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Continue the status conference to November 10, 2021 at 2:00 p.m. to give the parties additional time to resolve the settlement agreement modification matter.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Francisco Ramirez Ramirez Represented By

Misty A Perry Isaacson

Joint Debtor(s):

Aurora Mendez Barajas Represented By

Misty A Perry Isaacson

2:00 PM

CONT...

Trustee(s):

Francisco Ramirez Ramirez and Aurora Mendez Barajas

Chapter 13

Amrane (SA) Cohen (TR) Pro Se

2:00 PM

8:19-13904

Kathy D Gorski and Michael A Gorski

Chapter 11

#3.00

Hearing RE: Motion for Order: (1) Authorizing Sale (A) Outside the Ordinary Course of Business; (B) Free and Clear of Liens, Claims, and Encumbrances;

(Motion filed 7-16-21)

[RE: 1938 West Culver #12, Orange CA 92668]

Docket 230

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire whether there are any overbidders. Grant the sale motion in its entirety, subject, however, to New Reg LLC being paid in full out of escrow.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Kathy D Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

Joint Debtor(s):

Michael A Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

2:00 PM

8:18-14102

Jeffrey L Haslett

Chapter 7

#4.00

Hearing RE: Debtor's Motion for Order Reappointing the Chapter 7 Trustee Karen Sue Naylor

(Motion filed 7-19-21)

Docket 60

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the Motion.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jeffrey L Haslett Represented By Wade C Johnson

Catherine Christiansen

Trustee(s):

Karen S Naylor (TR) Pro Se

2:00 PM

8:18-14102

Jeffrey L Haslett

Chapter 7

#5.00

Hearing RE: Debtor's Motion for Order Compelling the Trustee to Abandon the Estates Interest, if any, in Action and Potential Claims

(Motion filed 7-6-21)

(Opposition filed 7-9-21)

(Set per reponse filed 7-19-21)

Docket 55

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Continue to October 25, 2021 at 2:00 p.m. to permit newly-appointed Chapter 7 Trustee to decide whether or not to oppose abandonment of the subject assets.

The Chapter 7 Trustee's opposition is due October 1, 2021. The Debtor's reply is due October 8, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Jeffrey L Haslett Represented By Wade C Johnson

Catherine Christiansen

Trustee(s):

Karen S Naylor (TR) Pro Se

2:00 PM

8:20-11083

239 Carnation LLC, a Texas Limited Liability Compa

Chapter 11

#6.00

CONT'D Hearing RE: U.S. Trustee Motion to dismiss or convert Pursuant to 11

U.S.C. § 1112(b) (Motion filed 4-20-21)

FR: 6-14-21

Docket 97

Tentative Ruling:

APPEARANCES NOT REQUIRED.

Continue the hearing to September 13, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

239 Carnation LLC, a Texas Limited Represented By

Jeffrey I Golden Beth Gaschen

2:00 PM

8:15-13556

John Olaf Halvorson

Chapter 7

#7.00

Hearing RE: Motion to Vacate Without Prejudice the Order to Show Cause Pursuant to Local Bankruptcy 9021-1 Why the Baeks Should not be Held in Contempt for Willfully Violating the Automatic Stay and Court Order and Sanctioned Pursuant to 11 U.S.C. Section 105

(Motion filed 6-3-21)

(Opposition filed 6-17-21) (Set per notice filed 7-19-21)

Docket 431

*** VACATED *** REASON: OFF CALENDAR - HEARING CONTINUED TO SEPTEMBER 1, 2021 AT 9:00 AM.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden

2:00 PM

8:18-11997

QDOS, Inc

Chapter 11

#8.00

Hearing RE: Petitioning Creditor's Motion For Summary Judgment (Involuntary Petition)

(Motion filed 6-28-21)

Docket 260

Tentative Ruling:

APPEARANCES REQUIRED.

No tentative ruling.

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

2:00 PM

8:18-11997

QDOS, Inc

Chapter 11

#9.00

Hearing RE: Debtor's Motion for Summary Judgment, or in the Alternative, for Abstention

(Motion filed 6-28-21)

Docket 267

Tentative Ruling:

APPEARANCES REQUIRED.

No tentative ruling.

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

2:00 PM

8:18-11997

QDOS, Inc

Chapter 11

#10.00

Hearing RE: Motion to Compel QDOS, Inc. to Comply With Obligations to Fully Respond to Requests for Production of Documents

(Motion filed 7-19-21)

Docket 275

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the motion to compel and will set a deadline of September 15, 2021 for QDOS to comply with the document production request.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

QDOS, Inc Represented By

Damian D Capozzola Timothy R Laquer

9:00 AM

6:20-11555

Laurie Lynn Bilderback

Chapter 7

Adv#: 6:20-01100 Williams v. Bilderback et al

#1.00

CONT STATUS CONFERENCE Hearing re: Pre-Petition Lawsuit pending in Los Angeles Superior Court

(Notice of Removal filed 5/26/20)

RE: Los Angeles Superior Court - North District. Case no: LASC 20AVCV0057 From: 7/23/20,1/21/21, 4/13/21

Docket 1

*** VACATED *** REASON: CASE DISMISSED 8/4/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Laurie Lynn Bilderback Represented By Thomas M Bundy

Defendant(s):

Laurie Lynn Bilderback Represented By Thomas M Bundy

Todd A Frealy Represented By

Richard P Steelman Jr

Plaintiff(s):

Perry Williams Pro Se

Trustee(s):

Todd A. Frealy (TR) Represented By

Richard P Steelman Jr

9:00 AM

6:20-11555

Laurie Lynn Bilderback

Chapter 7

Adv#: 6:20-01101 Frealy et al v. Williams et al

#2.00

CONT STATUS CONFERENCE Hearing re: Pre-Petition Lawsuit pending in Los Angeles Superior Court

(Notice of Removal filed 5/26/20)

RE: Los Angeles Superior Court - North District. Case no: LASC 19AVCV00850 From: 7/23/20,1/21/21,4/12/21

Docket 1

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will approve the stipulation to dismiss this adversary proceeding without prejudice.

COURT TO APPROVE LODGED ORDER APPROVING STIPULATION. PLAINTIFF TO LODGE ORDER.

Party Information

Debtor(s):

Laurie Lynn Bilderback Represented By Thomas M Bundy

Defendant(s):

Perry Williams Pro Se

Blaine Williams Pro Se

9:00 AM

CONT...

Laurie Lynn Bilderback

Chapter 7

Plaintiff(s):

Todd A Frealy Represented By

Richard P Steelman Jr

Laurie Lynn Bilderback Represented By Thomas M Bundy

Trustee(s):

Todd A. Frealy (TR) Represented By

Richard P Steelman Jr

9:00 AM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#3.00

CONT Hrg. on Chapter 11 Subchapter V Status Conference From: 10/20/20, 12/8/20, 3/23/21

Docket 36

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements. The case is proceeding well, and the Court is comfortable providing the Subchapter V Trustee and LNIC with the time necessary to formulate a confirmable plan.

Next status conference: November 30, 2021 at 9:00 a.m. An updated status report is due November 16, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro Corrie Klekowski

Trustee(s):

Caroline Renee Djang (TR) Represented By Caroline Djang

2:00 PM

6:08-24564

Edward Joseph Rush and Valerie Ann Rush

Chapter 7

#1.00

Hrg. on Debtors' Motion to Avoid Lien with Countrywide Real Time Solutions; and Specialized Loan Servicing

Docket 86

Tentative Ruling:

APPEARANCES REQUIRED.

Liens cannot be stripped in a chapter 7 proceeding. Debtors cite to chapter 13 lien stripping rules that are irrelevant because this case was not a chapter 13 case. The Court denies the motion without prejudice to Debtors' rights - if any - to strip the subject liens pursuant to 11 U.S.C. § 522(f) (judicial liens imparing an exemption).

RESPONDENT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Edward Joseph Rush Represented By

Charles Benjamin Graff

Joint Debtor(s):

Valerie Ann Rush Represented By

Charles Benjamin Graff

Trustee(s):

Christopher R Barclay (TR) Pro Se

2:00 PM

6:19-17552

RVT Inc

Chapter 11

#2.00

CONT Hrg. on Chapter 11 Status Conference Also #

From: 11/5/2020,2/16/21,4/20/21,4/27/21,6/15/21

Docket 15

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the Debtor's compliance with UST guidelines and requirements.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

RVT Inc Represented By

Julie J Villalobos

2:00 PM

6:19-17552

RVT Inc

Chapter 11

#3.00

CONT. Hrg. on Disclosure Statement Also #

From: 1/12/21,4/27/21,6/15/21

Docket 143

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will disapprove the disclosure statement because of unclear financial statements. The Court will explain at the hearing. An amended disclosure statement shall be filed on or before . The next disclosure statement hearing shall be on . Blanks to be filled at the hearing.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

RVT Inc Represented By

Julie J Villalobos

2:00 PM

6:19-19906

Frank Kenneth Decker and Rieko Aurora Decker

Chapter 7

#4.00 Hrg. on Trustee's Final Report and Applications for Compensation

Docket 27

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of $729.19 and expenses in the amount of $64.25.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Frank Kenneth Decker Represented By

H. Christopher Heritage

2:00 PM

CONT...

Frank Kenneth Decker and Rieko Aurora Decker

Chapter 7

Joint Debtor(s):

Rieko Aurora Decker Represented By

H. Christopher Heritage

Trustee(s):

Larry D Simons (TR) Pro Se

9:00 AM

8:19-14527

Anthony Afshin Kashani

Chapter 7

Adv#: 8:20-01030 Golden, Chapter 7 Trustee v. Lewis et al

#1.00

CONT'D STATUS CONFERENCE Hearing RE: Complaint For:

Avoidance Of Unrecorded Interest In Property Of The Estate Pursuant To 11 U.S.C. Section 544(a)(3);
Recovery Of Avoided Unrecorded Interest Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Unrecorded Interest Pursuant To 11 U.S.C.
Section 551; And
Declaratory Relief (Complaint filed 3/18/2020)

FR: 7-8-20; 7-15-20; 2-10-21; 5-12-21

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE TO OCTOBER 27, 2021 AT 9:00 AM ENTERED ON 8-3-21 (DOCKET NO. 51).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anthony Afshin Kashani Represented By Mirsaied Kashani

Defendant(s):

Jeff Lewis Represented By

Craig J Beauchamp

Patti Lewis Represented By

Craig J Beauchamp

Plaintiff(s):

Jeffrey I. Golden, Chapter 7 Trustee Represented By

9:00 AM

CONT...

Trustee(s):

Anthony Afshin Kashani

Roye Zur

Chapter 7

Jeffrey I Golden (TR) Represented By Roye Zur

9:00 AM

8:19-12375

South Coast Behavioral Health, Inc.

Chapter 11

#2.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 6/20/19)

FR: 8-21-19; 11-25-19; 3-18-20; 4-22-20; 7-8-20; 11-4-20; 4-7-21

Docket 59

Tentative Ruling:

APPEARANCES REQUIRED.

The status report was informative and very helpful to the Court. The case is proceeding at a good pace.

The Trustee may wish to consider the possibility of finalizing federal and state income tax returns for the tax year in which the business sale occurred, filing such returns and then requesting prompt consideration by taxing authorities pursuant to 11 U.S.C. § 505(b)(2). Potentially, a 60-day time fues then applies. This could lead to greater certainty with respect to profected disclosures to general unsecured creditors.

Next status conference: December 1, 2021 at 9:00 a.m. An updated status report is due November 17, 2021.

COURT TO PREPARE ORDER.

Party Information

9:00 AM

CONT...

Debtor(s):

South Coast Behavioral Health, Inc.

Chapter 11

South Coast Behavioral Health, Inc. Represented By

Michael N Nicastro Sean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders

9:00 AM

8:19-11218

US Direct LLC

Chapter 7

Adv#: 8:20-01102 Golden v. Fletcher Jones Motor Cars, Inc.

#3.00

CONT STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers

(Complaint filed 6/15/2020) Fr: 9-9-20, 3-10-21

Docket 1

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will continue this status conference to September 15, 2021 at 9:00 a.m. and require an updated joint status report (with proposed deadlines for a scheduling order, such as the deadline for the close of discovery) due on or before September 1, 2021.

COURT TO PREPARE ORDER.

Party Information

Debtor(s):

US Direct LLC Pro Se

Defendant(s):

Fletcher Jones Motor Cars, Inc. Pro Se

Plaintiff(s):

Jeffrey I. Golden Represented By Roye Zur

9:00 AM

CONT...

Trustee(s):

US Direct LLC

Chapter 7

Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder

9:00 AM

: Chapter 0

Adv#: 8:21-01047 Fargo et al v. Block et al

#4.00

Hearing RE: Motion to Transfer Venue to the United States Bankruptcy Court for the Middle District of Florida

(Motion filed 7-9-21)

Docket 2

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will continue the hearing to September 8, 2021 at 9:00 a.m. A reply to the opposition may be filed on or before September 1, 2021.

Party Information

Defendant(s):

Christine Julia Block Pro Se

Epic Victory Inc Pro Se

Plaintiff(s):

Dena Fargo Represented By

Steven M Berman

Deborah Allen Represented By Steven M Berman

9:00 AM

8:15-13556

John Olaf Halvorson

Chapter 7

Adv#: 8:15-01391 Baek et al v. Halvorson et al

#5.00

Hearing RE: Motion to Vacate Order of Closing and Order to Dismiss Pursuant to Fed.Rules of Civ. Proc. 59(a)(2) and 60(b)

(Motion filed 7-21-21)

Docket 365

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO SEPTEMBER 1, 2021 AT 9:00 AM ENTERED ON 8-3-21 (DOCKET NO. 370).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee

Defendant(s):

Granite Bay Partners II, LLC Pro Se

JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se

John O. Halvorson Represented By Marc C Forsythe Charity J Manee

Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie

Reem J Bello Marc C Forsythe

9:00 AM

CONT...

John Olaf Halvorson

Steven J. Katzman Kyle Kveton Charity J Manee

Chapter 7

Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie

Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Manee

PCC Fund I, LLC Pro Se

Plaintiff(s):

Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin

Weneta M. Kosmala Pro Se

Richard Baek Represented By Reem J Bello Ali Matin

Steven J. Katzman Kyle Kveton

Pacific Commercial Group, LLC Represented By

Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin

Trustee(s):

Weneta M.A. Kosmala (TR) Represented By

9:00 AM

CONT...

John Olaf Halvorson

Reem J Bello Faye C Rasch Jeffrey I Golden

Chapter 7

9:00 AM

8:20-10096

Michael Allan Barnum

Chapter 7

Adv#: 8:20-01053 Boards of Trustees of the National Elevator Indust v. Barnum

#6.00

CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt

(Complaint filed 4/15/2020) (PTC set at S/C held 7/8/2020)

FR: 7-8-20

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION CONTINUING PRETRIAL CONFERENCE TO SEPTEMBER 29, 2021 AT 9:00 AM ENTERED 7-12-21 (DOCKET NO. 30).

Tentative Ruling:

Party Information

Debtor(s):

Michael Allan Barnum Represented By Andrew S Bisom

Defendant(s):

Michael Allan Barnum Represented By Andrew S Bisom

Plaintiff(s):

Boards of Trustees of the National Represented By

Laurie A Traktman

Trustee(s):

Jeffrey I Golden (TR) Pro Se

9:00 AM

8:21-10337

Jesus Enrique Tacuba Lujan

Chapter 7

Adv#: 8:21-01020 Uber Technologies, Inc. et al v. Enrique Tacuba Lujan

#7.00

STATUS CONFERENCE Hearing RE: Complaint for Non-Dischaegeability of Debt Pursuant to 11 U.S.C. Section 523(a)(6)

(Complaint filed 5-21-21)

Docket 1

*** VACATED *** REASON: OFF CALENDAR - ORDER STAYING ADVERSARY PROCEEDING PENDING RESOLUTION OF STATE COURT ACTION. STATUS CONFERENCE IS CONTINUED TO JULY 6, 2022 AT 10:00 AM ENTERED ON 7-6-21 (DOCKET NO. 6).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jesus Enrique Tacuba Lujan Represented By Giovanni Orantes

Defendant(s):

Jesus Enrique Tacuba Lujan Pro Se

Plaintiff(s):

Uber Technologies, Inc. Represented By Rebecca M Wicks

Rasier, LLC Represented By

Rebecca M Wicks

Trustee(s):

Thomas H Casey (TR) Pro Se

9:00 AM

8:20-11023

2808 Ocean Blvd. LLC, a Texas Limited Liability Co

Chapter 11

#8.00

CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;

And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/24/2020)

FR: 6-3-20; 8-26-20; 11-18-20; 3-17-21

Docket 6

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO DISMISS CHAPTER 11 CASE ENTERED ON 3-26-21 (DOCKET NO. 123).

Tentative Ruling:

Party Information

Debtor(s):

2808 Ocean Blvd. LLC, a Texas Represented By Jeffrey I Golden Beth Gaschen David M Goodrich

9:00 AM

8:20-13335

Heartwise, Inc.

Chapter 11

Adv#: 8:21-01019 Doyle v. Robinson Pharma, Inc. et al

#9.00

CONT'D Hearing RE: Motion to Dismiss Amended Complaint of DavidPaul Doyle or Alternatively, Stay Action

(Motion filed 7-13-21)

FR: 8-4-21

Docket 25

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The Court will continue this hearing to September 15, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

Defendant(s):

Robinson Pharma, Inc. Represented By Steven J. Katzman Anthony Bisconti Carlos A Nevarez

Ernesty LLC Represented By

Anthony Bisconti

Alpha Health Research Represented By

9:00 AM

CONT...

Heartwise, Inc.

Anthony Bisconti

Chapter 11

Tuong Nguyen Represented By Anthony Bisconti

Plaintiff(s):

DavidPaul Doyle Represented By Jared Glicksman

2:00 PM

8:19-13904

Kathy D Gorski and Michael A Gorski

Chapter 11

#1.00

CONT'D Hearing RE: Motion to Approve Disclosure Statement Describing the First Amended Chapter 11 Plan of Reorganization

(Motion filed 2-16-21)

(Plan filed 2-15-21)

(D.S. filed 2-15-21)

(First Amended Plan filed 6-25-2021) (D.S. filed 6-25-2021)

(Amended Motion filed 6-25-21) FR: 4-7-21

Docket 226

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will approve the amended disclosure statement and enter a scheduling order:

Amended disclosure statement, plan and ballots to be filed and served on or before August 25, 2021.

Ballots and objections to plan confirmation are due September 27, 2021.

Reply to objections and plan confirmation memorandum are due October 7, 2021. The plan confirmation hearing set for October 20, 2021 at 2:00 p.m.

COURT TO PREPARE ORDER.

Party Information

2:00 PM

CONT...

Debtor(s):

Kathy D Gorski and Michael A Gorski

Chapter 11

Kathy D Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

Joint Debtor(s):

Michael A Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

Movant(s):

Kathy D Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

Michael A Gorski Represented By Andy C Warshaw

Arnold H. Wuhrman

9:00 AM

8:21-10319

Robert Steven Glass

Chapter 13

#1.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-29-21; 6-10-21

Docket 13

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Robert Steven Glass Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10732

Shayna Ann Yamada

Chapter 13

#2.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-27-21; 6-10-21

Docket 31

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Shayna Ann Yamada Represented By

D Justin Harelik

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10839

Alfred Arenz

Chapter 13

#3.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 6-10-21

Docket 2

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Alfred Arenz Represented By

Amanda G. Billyard

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11201

Jessica Amabilia Morales

Chapter 13

#4.00

CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-22-21

Docket 18

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Jessica Amabilia Morales Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11371

Anthony Doyle, Jr

Chapter 13

#5.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 13

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Anthony Doyle Jr Pro Se

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11372

Kirk L Jellerson

Chapter 13

#6.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 7

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Kirk L Jellerson Represented By Bert Briones

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11424

Steven J. Williams

Chapter 13

#7.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 24

Tentative Ruling:

- NONE LISTED -

Debtor(s):

Party Information

Steven J. Williams Represented By

James D. Hornbuckle

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-11357

Jerry De La Cruz

Chapter 13

#8.00

Hearing RE: Confirmation Of Chapter 13 Plan

Docket 1

*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL OF CHAPTER 13 CASE FILED 6-8-21 (DOCKET NO. 15).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jerry De La Cruz Represented By

Dennis A Rasmussen

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:16-13079

Heidi Kay Weidmeier

Chapter 13

#1.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 7-1-21)

(Set per opposition and notice filed 7-14-21)

Docket 77

Tentative Ruling:

APPEARANCES REQUIRED.

Continue hearing to October 14, 2021 at 10:15 a.m. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Heidi Kay Weidmeier Represented By

L. Tegan Rodkey

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:17-11727

Caroline Fabienne Thompson

Chapter 13

#2.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 7-1-21)

(Set per opposition and notice filed 7-12-21)

Docket 70

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 FILED 7-22-21 (DOCKET NO. 73).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Caroline Fabienne Thompson Represented By Anthony B Vigil

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-10693

Maria A Basave de Guillen

Chapter 13

#3.00

Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend Plan Payments

(Motion filed 7-8-21)

Docket 157

*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY PLAN ENTERED ON 8-5-21 (DOCKET NO. 168).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria A Basave de Guillen Represented By Christopher J Langley Michael Smith

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-12655

Lian Menguito Lumba

Chapter 13

#4.00

Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend Plan Payments

(Motion filed 7-8-21)

Docket 49

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will approve a plan modification on the terms describted by the Chapter 13 Trustee and permit the Chapter 13 Trustee to withdraw the motion to dismiss.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Lian Menguito Lumba Represented By Raymond J Seo

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:18-14189

Robert Matthew Coburn and Sharon Ann Young

Chapter 13

#5.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 7-1-21)

(Set per opposition filed 7-30-21)

Docket 109

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 CASE FILED 8-12-21 (DOCKET NO. 112).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert Matthew Coburn Represented By Heather J Canning Michael E Clark

Joint Debtor(s):

Sharon Ann Young Represented By Heather J Canning Michael E Clark

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-10938

Jocelyn M. Villanueva

Chapter 13

#6.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 7-1-21)

(Set per opposition filed 7-19-21)

Docket 53

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jocelyn M. Villanueva Represented By Michael D Franco

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-13245

Linda Thibodeau

Chapter 13

#7.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 7-1-21)

(Set per opposition filed 7-15-21)

Docket 32

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 8-18-21 (DOCKET NO. 39).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Linda Thibodeau Represented By Raymond J Seo

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-13245

Linda Thibodeau

Chapter 13

#8.00

Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments

(Motion filed 7-29-21)

Docket 35

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the motion to modify upon the terms and conditions specified by the Chapter 13 Trustee.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Linda Thibodeau Represented By Raymond J Seo

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:19-13264

Mehmet Gokhan Bulak

Chapter 13

#9.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 7-1-21)

(Set per opposition and notice filed 7-16-21)

Docket 52

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Mehmet Gokhan Bulak Represented By

Raj T Wadhwani

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:20-10412

Cynthia Bray Dimel

Chapter 13

#10.00

Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11

U.S.C. - 1307(c)) (Motion filed 6-2-21)

(Set per opposition filed 6-16-21)

Docket 61

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the motion and dismiss the case.

CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Cynthia Bray Dimel Represented By Christopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:21-10732

Shayna Ann Yamada

Chapter 13

#11.00

Hearing RE: Motion to Avoid Lien Judicial Lien Under 11 U.S.C. Section 522(f) with Collect Co.

(Motion filed 7-2-21)

(Opposition filed 7-16-21) (Set per notice filed 7-20-21)

Docket 26

Tentative Ruling:

APPEARANCES REQUIRED.

Deny with prejudice. The motion is untimely under LBR 3015-1(b)(7). The petition was filed on March 23, 2021, but this motion to avoid lien was not filed until July 2, 2021 - which is more than the 28 days after March 23, 2021.

Additionally, Debtor-Movant has failed to make a sufficient showing she had any interest in the garnished wages as of the petition date.

COLLECT CO. TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Shayna Ann Yamada Represented By

D Justin Harelik

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:21-10732

Shayna Ann Yamada

Chapter 13

#12.00

Hearing RE: Objection to Secured Proof of Claim (Motion filed 7-27-21)

Claim No. 6 Claimant Collect Co. $17,602.68

Docket 32

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO SEPTEMBER 16, 2021 AT 10:15 AM ENTERED ON 8-12-21 (DOCKET NO. 39).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shayna Ann Yamada Represented By

D Justin Harelik

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

10:15 AM

8:21-10732

Shayna Ann Yamada

Chapter 13

#13.00

Hearing RE: Objection to Payment of Claim (Motion filed 7-27-21)

Claim No. 7 Claimant Collins Asset Group. $10,961.84

Docket 35

Tentative Ruling:

APPEARANCES REQUIRED.

Grant/sustain/disallow Claim No. 7 in its entirety.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Shayna Ann Yamada Represented By

D Justin Harelik

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:16-10947

Gustavo Lara and Sandra Lara

Chapter 13

#1.00

CONT'D Motion for relief from stay [Real Property]

PHH Mortgage Corporation vs DEBTOR (Motion filed 6-7-21)

[RE: 2252 Cranberry Rd, Tustin, CA 92780]

FR: 7-12-21

Docket 44

Tentative Ruling:

APPEARANCES REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. Terminate the co-debtor stay.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Gustavo Lara Represented By

Rebecca Tomilowitz

9:00 AM

CONT...

Gustavo Lara and Sandra Lara

Chapter 13

Joint Debtor(s):

Sandra Lara Represented By

Rebecca Tomilowitz

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:21-10337

Jesus Enrique Tacuba Lujan

Chapter 7

#2.00

CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]

Uber Technologies, Inc. and Raiser, LLC vs DEBTOR (Motion filed 6-14-21)

[RE: Case Name: Jane Doe, an indvidual v. Uber Technologies, Inc., a Delaware corporation; Rasier LLC, a Delaware limited liability company; and Jesus Tacuba Lujan, an individual]

[Docket Number: CGC-20-584-648]

[Pending In: : Superior Court of the State of California County of San Francisco]

FR: 7-12-21

Docket 20

Tentative Ruling:

APPEARANCES REQUIRED.

The Debtor was granted a discharge on June 9, 2021 pursuant to 11 U.S.C. § 362(c) (2)(C), the stay terminated as to the Debtor and all property except property of the bankruptcy estate. A poential counterclaim is estate property, but without additional information it would seem that the Chapter 7 Trustee intends to administer such property. Grant under § 362(d)(1).

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jesus Enrique Tacuba Lujan Represented By Giovanni Orantes

9:00 AM

CONT...

Trustee(s):

Jesus Enrique Tacuba Lujan

Chapter 7

Thomas H Casey (TR) Pro Se

9:00 AM

8:21-11014

Jose Cuello, Jr. and Nicolle J Cuello

Chapter 7

#3.00

Motion for relief from stay [Personal Property]

SchoolsFirst Federal Credit Union vs DEBTORS (Motion filed 7-22-21)

[RE: 2018 Audi Allroad - VIN No.: VIN WA17NAF48JA208424]

Docket 13

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Jose Cuello Jr. Represented By Charles W Daff

Joint Debtor(s):

Nicolle J Cuello Represented By

9:00 AM

CONT...

Trustee(s):

Jose Cuello, Jr. and Nicolle J Cuello

Charles W Daff

Chapter 7

Thomas H Casey (TR) Pro Se

9:00 AM

8:21-11313

Edgar Perez and Ana Perez

Chapter 7

#4.00

Motion for relief from stay [Real Property]

Lakeview Loan Servicing, LLC vs DEBTOR (Motion filed 8-9-21)

[RE: 1227 Cabrillo Park Drive, Santa Ana, CA 92701]

Docket 17

Tentative Ruling:

APPEARANCES REQUIRED.

Grant under 11 U.S.C. § 362(d)(2) only. Since a chapter 7 case does not contemplate reorganization, the sole issue before the Court when stay relief is sought under 11

U.S.C. § 362(d)(2) is whether the debtor has equity in the property. See e.g., Nev. Nat'l Bank v. Casbul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (B.A.P. 9th Cir. 1982); Ramco Indus. v. Preuss (In re Preuss), 15 B.R. 896 (B.A.P. 9th Cir. 1981). The subject real property has a value that is less than the value of the perfected deed of trust or mortgage in favor of the movant. The court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors.

The Court determines that the Debtor is a "borrower" under the California Civil Code. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

9:00 AM

CONT...

Debtor(s):

Edgar Perez and Ana Perez

Chapter 7

Edgar Perez Represented By

Michael D Franco

Joint Debtor(s):

Ana Perez Represented By

Michael D Franco

Trustee(s):

Karen S Naylor (TR) Pro Se

9:00 AM

8:19-11065

Bridget Ann O'Neil

Chapter 13

#5.00

CONT'D Motion for relief from stay [Real Property]

PHH Mortgage Corporation vs. DEBTOR (Motion filed 6/25/2021)

[RE: 2429 West Transit Avenue, Anaheim, California 92804]

FR: 7-19-21

Docket 59

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FOR RELIEF FROM AUTOMATIC STAY FILED 8-2-21 (DOCKET NO. 67).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Bridget Ann O'Neil Represented By Andy C Warshaw

Richard L. Sturdevant

Movant(s):

PHH Mortgage Corporation Represented By Josephine E Salmon

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

9:00 AM

8:19-12715

Andrea Mythanh Le

Chapter 7

#6.00

CONT'D Motion for relief from stay [Real Property]

Wells Fargo Bank, N.A. vs DEBTOR (Motion filed 4-5-21)

[RE: 13192 Rolling Hills Lane, Victorville, California 92395]

FR: 5-10-21; 6-14-21; 7-19-21

Docket 98

*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FOR RELIEF FROM AUTOMATIC STAY FILED 8-4-21 (DOCKET NO. 144).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Mythanh Le Represented By Christopher J Langley

Trustee(s):

Karen S Naylor (TR) Represented By Nathan F Smith Arturo M Cisneros

2:00 PM

8:15-10182

Ahmad Malkawi

Chapter 11

#1.00

Hearing RE: Motion for Order Setting Bar Date to Filing Proofs of Claim (Motion filed 8-9-21)

Docket 109

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the Motion and set the bar date at September 30, 2021. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ahmad Malkawi Represented By Zuhair Nubani

Michael B Reynolds Andrew Still

2:00 PM

8:19-14527

Anthony Afshin Kashani

Chapter 7

#2.00

Hearing RE: Motion for Order Approving Compromise Between Chapter 7 Trustee and Jeffrey Lewis and Patti Lewis Pursuant to Federal Rule of Bankruptcy Procedure 9019

(Motion filed 8-9-21)

Docket 80

Tentative Ruling:

APPEARANCES REQUIRED.

Grant and approve compromise.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Anthony Afshin Kashani Represented By Mirsaied Kashani

Trustee(s):

Jeffrey I Golden (TR) Represented By Roye Zur

2:00 PM

8:20-13500

Frank Tseng Lin

Chapter 7

#3.00

Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses

(Final Report filed 7-16-21)

[RE: Karen Sue Naylor, Chapter 7 Trustee] [Fees: $1,792.45; Expenses: $224.95]

Docket 25

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The compensation is approved as to the Trustee, with fees in the amount of $1,792.45 and expenses in the amount of $224.95.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

2:00 PM

CONT...

Debtor(s):

Frank Tseng Lin

Chapter 7

Frank Tseng Lin Represented By Noha Gabra

Trustee(s):

Karen S Naylor (TR) Pro Se

2:00 PM

8:21-10436

Gopal Ram Singh

Chapter 7

#4.00

Hearing RE: Motion for Order Approving Sale and Settlement Agreement with the Debtor and Authorizing the Trustee to Abandon Real Property

(Motion filed 8-3-21)

[Sale re: 2017 Subaru Forester]

[Abandonment re: 13061 Del Monte Drive Unit 277k, Seal Beach CA 90740]

Docket 21

Tentative Ruling:

APPEARANCES REQUIRED.

The Court intends to grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Gopal Ram Singh Represented By Mariano A Alvarez

Trustee(s):

Thomas H Casey (TR) Pro Se

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 7

#5.00

Hearing RE: Application by Chapter 7 Trustee to Jointly Employ Onyx Asset Advisors, LLC and Hilco Real Estate, LLC as Marketing and Sale Agent (Motion filed 7-16-21)

Docket 140

Tentative Ruling:

APPEARANCES REQUIRED.

The Court intends to approve the Application.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 7

#6.00

Hearing RE: Motion for Order Compelling Turnover of Estate Property Pursuant to 11 U.S.C. Section 542(a) and For Determination That Eviction Moratoria Do Not Apply to Turnover of Bankruptcy Estate Property

(Motion filed 8-2-21)

Docket 162

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will grant the motion for the reasons argued by the Chapter 7 Trustee in his reply.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 7

#7.00

CONT'D Motion for relief from stay [Real Property]

Farm Credit West, FLCA vs DEBTOR (Motion filed 11-6-20)

[RE: 2380 Live Oak Rd, Paso Robles, CA 93446]

FR:11-30-21; 3-22-21; 6-14-21; 8-2-21

Docket 11

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire whether the Trustee has lined up replacement insurance.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Farm Credit West, FLCA Represented By Michael J Gomez Reed S Waddell Gerrick Warrington

Trustee(s):

Richard A Marshack (TR) Represented By

2:00 PM

CONT...

Northern Holding, LLC

D Edward Hays Tinho Mang

Chapter 7

2:00 PM

8:20-13014

Northern Holding, LLC

Chapter 7

#7.10

Hearing RE: Motion to Approve Farm Operator Agreement and for Order to Operate Debtor's Business for the Limited Purpose of Completing Fall 2021 Harvest of Current Crop of Fruit

(Motion filed 8-9-21)

Docket 186

Tentative Ruling:

APPEARANCES REQUIRED.

The Court intends to grant the Motion.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Northern Holding, LLC Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Richard A Marshack (TR) Represented By

D Edward Hays Tinho Mang

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#8.00

STATUS CONFERENCE Hearing RE: Debtor's Motion to Convert Case to Chapter 11 Under 11 U.S.C. Section 706(a) or 1112(a)

(Motion filed 2-17-21)

(Opposition filed 2-22-21) (Set per Notice filed 2-26-21) (S/C set at 5-10-21 Hrg)

FR: 3-15-21; 4-26-21; 5-10-21

Docket 21

*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE TO SEPTEMBER 27, 2021 AT 2:00 PM ENTERED ON 8-25-21 (DOCKET NO. 183).

Tentative Ruling:

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#9.00

Hearing RE: Amended Motion to be Relieved as Counsel (Motion filed 8-4-21)

Docket 169

Tentative Ruling:

APPEARANCES REQUIRED.

The Court intends to grant the Motion.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Andrew Edward Smyth

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Andrew Edward Smyth

Trustee(s):

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:21-10026

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

#10.00

Hearing RE: Motion Chapter 7 Trustee's Motion for Order:

Approving and Enforcing Mediation Term Sheet Agreement Between the Debtors and Trustee Pursuant to FRBP 9019;
Authorizing the Trustee to Revoke the Farokhirad Family Trust;
Authorizing the Trustee to Use Property of the Estate in the Form of a 100% Membership Interest in Bolzano, LLC Outside the Ordinary Course of Business Pursuant to Section 363 to Execute Corporate Member Resolution of Bolzano, LLC to Replace the Managers of Bolzano, LLC, Sell Real Property and Make a Membership Distribution;
Authorizing the Trustee to Employ and Compensate Real Estate Co-Agents (Clarence Yoshikane of Berkshire Hathaway HomeServices California Properties and Ken Harter of The Harter Group) to Sell the Mission Viejo Property

(Motion filed 8-5-21)

Docket 171

*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO SEPTEMBER 27, 2021 AT 2:00 PM ENTERED ON 8-25-21 (DOCKET NO. 182).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ardeshir Farokhirad Represented By Anerio V Altman

Andrew Edward Smyth

Joint Debtor(s):

Fariba Farokhirad Represented By Anerio V Altman

Andrew Edward Smyth

2:00 PM

CONT...

Trustee(s):

Ardeshir Farokhirad and Fariba Farokhirad

Chapter 7

Thomas H Casey (TR) Represented By Thomas H Casey

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#11.00

Hearing RE: Motion to Estimate Claim Nos. 8 and 12 for All Purposes, Including for Purposes of Allowance, Distribution, and Voting on Heartwise, Inc.'s First Amended Chapter 11 Plan of Reorganization

(Motion filed 8-5-21)

Docket 369

Tentative Ruling:

APPEARANCES REQUIRED.

Chapter 11 debtor Heartwise, Inc. ("Debtor") and major creditor Vitamins Online, Inc. ("VOI") are business competitors. Approximately eight years ago, on October 28, 2013, VOI filed a complaint against Debtor in the United States District Court for the District of Utah (the "District Court"), alleging causes of action for unfair competition and false advertising under federal and Utah law. The case remained pending for approximately seven years. A bench trial was held by the District Court over three weeks in the summer of 2020. On November 10, 2020, the District Court entered judgment in favor of VOI (the "Judgment") along with 53 pages of very detailed and intricate findings of fact and conclusions of law. The Judgment awarded VOI

$9,551,232 in damages along with prejudgment interest from January 1, 2014 at 2.13 percent per annum, plus attorneys’ fees and costs (which have not yet been determined or awarded by the District Court – and therefore are unliquidated at this point in time).

The Debtor appealed the Judgment to the United States Court of Appeals for the Tenth Circuit (the "10th Circuit"). VOI alleges that it, too, wished to appeal the Judgment to the Tenth Circuit, but was prevented from doing so because Debtor filed its bankruptcy petition (thereby triggering the automatic stay) before VOI could file a cross-appeal. VOI contends that the District Court erred by failing to award VOI disgorged profits for the period 2014 to 2017. (The District Court’s award in the Judgment was based upon disgorged profits attributable to the period 2012 to 2013).

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

VOI filed three proofs of claim in this case: (1) Claim No. 3, in the amount of at least

$14,426,972, representing the sum of liquidated Judgment, interest thereon and the estimated but not yet liquidated reasonable attorneys’ fees and costs to which VOI is or may be entitled to under the Judgment; (2) Claim No. 7, in the amount of $20 million, representing damages relating to turmeric curcumin supplement sales on Amazon.com from 2016 to the December 4, 2020 petition date in this case (this claim was not part of the action in the District Court and is entirely unliquidated); and (3) Claim No. 8, in the amount of $34 million, based upon VOI’s contention that the District Court erred in failing to award it damages for the period 2014 to 2017 – which allegedly would have been the subject of VOI’s cross-appeal to the 10th Circuit that would have been brought but for the automatic stay.

Claim No. 12 was filed by Magleby Catazinos & Greenwood, P.C. ("MCG"), counsel to VOI at the trial in the District Court, in the amount of $34 million. Claim No. 12 relates to the same $34 million that VOI is seeking in Claim No. 8 and apparently is intended to protect MCG’s rights to its attorneys’ fees and costs should VOI be successful in recovering all or part of that amount in this case.

Now before the Court is Debtor’s motion to estimate Claim Nos. 8 and 12 (the "8/12 Claim Estimation Motion") at zero for all purposes, including allowance, distribution and voting. Debtor contends Claim No. 8 has no basis in fact or law and was filed merely to harass Debtor and sabotage its efforts to reorganize in bankruptcy.

Raising a number of arguments, VOI opposes the estimation of Claim No. 8 at zero, especially for purposes of allowance and distribution. (VOI appears to be considerably less opposed to the estimation of Claim No. 8 for purposes of voting and plan confirmation, and its opposition brief can be read as suggesting VOI would not oppose claim estimation for such limited purposes). VOI concedes for purposes of the 8/12 claim Estimation Motion that this Court possesses the requisite statutory authority under 11 U.S.C. § 502(c ) to estimate Claim No. 8. VOI correctly points out that claim estimation is mandatory when the actual liquidation of a claim "would unduly delay the administration of the case."

VOI argues in its opposition brief that estimating Claim No. 8 at zero for final allowance purposes would strip it of its due process rights to an appeal of the Judgment to the 10th Circuit and, additionally, that the District Court erred in failing

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

to award VOI an additional $34 million in damages when it entered the Judgment.

ANALYSIS

11 U.S.C. § 502(c ) provides that "[t]here shall be estimated for purposes of allowance under this section . . . any contingent or unliquidated claim, the fixing or liquidation of which, as the case may be, would unduly delay the administration of the case." Estimating claims does not require a bankruptcy court to be clairvoyant. A bankruptcy court need only arrive at a reasonable estimate of the probable value of the claim. In re Baldwin-United Corp., 55 B.R. 885, 898 (Bankr. S.D. Ohio 1985). Such an estimate necessarily implies no certainty and is not a finding or a fixing of an exact amount but instead is merely the bankruptcy court’s best estimate for the purpose of permitting the case to go forward. In re N. Am. Health Care, Inc., 544 B.R. 684, 688 (Bankr. C.D. Cal. 2016). A bankruptcy court has broad discretion in estimating the value of an unliquidated claim and possesses much latitude in the method it chooses to evaluate a claim. Ryan v. Loui (In re Corey), 892 F.2d 829, 834 (9th Cir. 1989); In re Perry, 425 B.R. 323, 342 (Bankr. S.D. Tex. 2010).

After approximately seven years of litigation and a three-week bench trial, the District Court determined that VOI was entitled to recover $9,551,232 in damages along with prejudgment interest from January 1, 2014 at 2.13 percent per annum, plus attorneys’ fees and costs. As VOI acknowledges, the District Court affirmatively and quite decisively rejected VOI’s contention that it was entitled to monetary recovery for false advertising and unfair competition for the years 2014 through 2017 (VOI’s basis for its Claim No. 8 in the amount of $34 million). VOI urges that "this Court must step into the shoes of the United States Court of Appeals for the Tenth Circuit . . . and determine whether the District Court made any reversible errors that would result in awarding Vitamins Online a disgorgement of the Debtor’s $34 million of profits during the years 2014 to 2017 [footnote omitted]." Creditor Vitamins Online, Inc.’s Opposition to Heartwise, Inc.’s Motion to Estimate Claim Nos. 8 and 12 etc., Docket No. 407, filed August 16, 2021 at page 16 of 42, lines 6-10.

This Court declines that invitation. It is not about to step into the shoes of the Tenth Circuit or to act as a kind of court of appeal with respect to any decision of a United States District Court, searching for "reversible errors." There are compelling

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

prudential (and possibly Constitutional) reasons why such actions by this Court would be wholly inappropriate and unwise. The District Court decided the case the way it did based upon years of litigation and a three-week bench trial. Its familiarity with the issues of fact and law in that case exceeds this Court’s familiarity with those issues by a huge margin. This Court will not gainsay or second-guess the District Court’s 53 pages of Findings of Fact and Conclusions of Law or look behind the Judgment to find additional damages that the District Court expressly declined to find.

A second and independent reason for reaching this result is that it may well be unconstitutional for a non-Article Three bankruptcy court to act as a court of appeal (for purposes of claim estimation) with respect to a judgment of an Article Three court. Surely such an arrangement could never pass Constitutional muster outside of bankruptcy – Congress cannot create non-Article Three courts to provide appellate review of Article Three court decisions. There is no particular reason to think such an arrangement would pass muster inside bankruptcy.

The District Court has already determined that VOI is not entitled to recover damages for unfair competition and false advertising for the years 2014 through 2017. This is entirely the basis for Claim No. 8. Because this Court is entitled to great latitude in the method it chooses to estimate a claim, the method the Court chooses is to follow the lead of the District Court and to estimate Claim No. 8 at zero for purposes of voting, allowance, plan confirmation and distribution, .

However, the Court also recognizes the force of VOI’s due process rights. Bankruptcy should not be a means of terminating a creditor’s right to appeal a judgment that happens to be a claim in the bankruptcy case. Therefore, the Court will

make provisions for the possibility that VOI may prevail on appeal to the 10th Circuit. If VOI prevails in the 10th Circuit with respect to its argument that the District Court failed to award it sufficient damages in the Judgment and, upon remand, the District Court awards additional damages, VOI will be entitled in this Court to an allowed claim in the amount of such additional damages and to receive distributions in respect of such allowed claim as provided in Debtor’s confirmed chapter 11 plan. The Court will require Debtor, in its proposed chapter 11 plan, to provide in some manner for such contingency. VOI’s right, if any, to additional damages will be carved out of the chapter 11 discharge until this matter is finally resolved by the 10th Circuit and the District Court. This Court will retain jurisdiction of the case following plan

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

confirmation (should it occur) to ensure compliance with this approach.

Debtor’s motion to estimate Claim No. 12 at zero for all purposes was unopposed. The Court will grant that portion of the motion in its entirety.

Debtor’s request for judicial notice is granted.

DEBTOR TO LODGE ORDER AFTER IT IS APPROVED TO FORM BY VITAMINS ONLINE VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#12.00

Hearing RE: Motion to Estimate Claim No. 7 for All Purposes, Including for Purposes of Allowance, Distribution, and Voting on Heartwise, Inc.'s First Amended Chapter 11 Plan of Reorganization

(Motion filed 8-5-21)

Docket 373

Tentative Ruling:

APPEARANCES REQUIRED.

Chapter 11 debtor Heartwise, Inc. ("Debtor") and major creditor Vitamins Online, Inc. ("VOI") are business competitors. Approximately eight years ago, on October 28, 2013, VOI filed a complaint against Debtor in the United States District Court for the District of Utah (the "District Court"), alleging causes of action for unfair competition and false advertising under federal and Utah law. The case remained pending for approximately seven years. A bench trial was held by the District Court over a three- week in the summer of 2020. On November 10, 2020, the District Court entered judgment in favor of VOI (the "Judgment") along with 53 pages of very detailed and intricate findings of fact and conclusions of law. The Judgment awarded VOI

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

VOI filed three proofs of claim in this case: (1) Claim No. 3, in the amount of at least

Now before the Court is Debtor’s motion to estimate Claim No. 7 (the "Claim 7 Estimation Motion") at zero for all purposes, including allowance and voting. Debtor contends that Claim No. 7 has no basis in fact or law and was filed merely to harass Debtor and sabotage its efforts to reorganize in bankruptcy.

VOI agrees that it is proper for this Court to estimate Claim No. 7. Unsurprisingly, VOI disagrees that Claim No. 7 should be estimated at zero. VOI accuses Debtor of bad faith in requesting the Court to estimate Claim No. 7 at zero.

ANALYSIS

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

The timeline here is important. In the matter at hand, VOI began litigating against Debtor nearly eight years ago when, on October 28, 2013, VOI filed a complaint against Debtor for unfair competition and false advertising in the District Court.

About seven years later, VOI prevailed in the action and won the Judgment on November 10, 2020. The District Court awarded damages for the period 2012 to 2013 but expressly rejected an award of damages for the period 2014 to 2017.

Debtor filed its chapter 11 petition in this Court on December 4, 2020. VOI filed Claim No. 3-1 – its first proof of claim – on February 11, 2021. Claim 3-1 asserts an unsecured claim for the Judgment and is in the amount of at least $14,426,972.

Debtor then filed a chapter 11 plan of reorganization on March 20, 2021 proposing to pay all unsecured claims – including Claim 3-1 – in full on the effective date of the plan.

Debtor has repeatedly argued to the Court that VOI’s objective in this chapter 11 bankruptcy is not to get paid in full with interest but instead to destroy Debtor as a competitor and to render any reorganization of Debtor impossible.

On May 25, 2021, VOI filed Claim No. 7 in the amount of $20 million, asserting damages for Debtor’s alleged unfair competition and false advertising relating to a product known as "turmeric curcumin." (VOI also filed Claim No. 8, asserting a claim for $34 million in which VOI argues that the District Court erred by not granting it this sum in the Judgment. Claim No. 8 is the subject of a separate claim estimation motion by Debtor).

VOI would have this Court believe that after seven years of litigating with the Debtor in the District Court over false advertising and unfair competition claims, and such litigation having largely concluded when the District Court entered the Judgment in November 2020, VOI suddenly discovered entirely new claims against Debtor for false advertising and unfair competition that VOI had forgotten or omitted to assert against Debtor in the District Court action or in a lawsuit separate from the District Court action or in VOI’s original proof of claim, Claim No. 3-1, filed on February 11, 2021. Certainly, it is a rather rare occurrence in bankruptcy that a creditor who files a proof of claim against a debtor forgets about or omits to include $20 million in additional claims above and beyond those stated in the original proof of claim. On the face of things, claims in the amount of $20 million would be hard to forget or to

2:00 PM

CONT...

Heartwise, Inc.

Chapter 11

include in a proof of claim, especially when the claims date back approximately five years (here, from 2016). It is not often that a creditor forgets that a debtor owes him, her or it an additional $20 million, especially after the creditor has been litigating against the very same debtor in federal court for the preceding seven years on the very same type of claims, namely false advertising and unfair competition (albeit with respect to a different product).

Based upon the series of events commencing in October 2013 enumerated above, for purposes of claim estimation, the Court finds these VOI contentions completely lacking in credibility. What is credible here is Debtor’s contention that VOI is acting in bad faith by throwing up one obstacle after another as part of an attempt to destroy a business competitor.

VOI’s draft complaint attached to Claim No. 7 clearly asserts that Debtor’s alleged false advertising and unfair competition with respect to turmeric curcumin began in 2016 (and VOI seeks damages from approximately that date). Numbered paragraph 30 of the draft complaint, attached as Exhibit 2 to VOI’s opposition to the Claim No. 7 Estimation Motion. Against the background of the timing considerations and analysis set forth above, the Court finds the allegations in the draft complaint contrived and lacking in credibility. Additionally, it is not out of the question that the doctrine of laches may play a role here. Laches applies where there is undue delay and prejudice. Equity aids the vigilant, and not those who slumber on their rights.

POMEROY’S EQUITY JURISPRUDENCE at §§ 418-419e (5th Ed. 2002). The

prejudice to Debtor here is obvious: the delay in the assertion of VOI’s claims dating from 2016 is severely prejudicing Debtor’s efforts to confirm a chapter 11 plan. On the face of things, a five-year delay in the assertion of rights (i.e., from 2016) would seem to be an undue delay (although the Court makes no express findings on that at this time).

For these reasons, the Court grants the Claim No. 7 Estimation Motion and estimates Claim No. 7 at zero for all purposes, including but not limited to voting, plan confirmation, allowance and distribution. However, estimation is not a final determination of the validity of Claim No. 7, and rights are reserved to all parties to litigate Claim No. 7’s validity should a plan of reorganization be confirmed by Debtor.

Party Information

2:00 PM

CONT...

Debtor(s):

Heartwise, Inc.

Chapter 11

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#13.00

Hearing RE: Second Interim Application for Compensation from the Period of March 19, 2021 to May 26, 2021

(Application filed 8-9-21)

[RE: DTO Law - Debtor's Counsel] [Fees: $560.00; Expenses: $0.00]

Docket 387

Tentative Ruling:

APPEARANCES NOT REQUIRED.

The compensation is approved on an interim basis as to DTO Law, with fees in the amount of $560.00 and expenses in the amount of $0.00.

HEARTWISE TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#14.00

Hearing RE: Second and Final Application for Compensation for the Period from March 22, 2021 to March 31, 2021.

(Application filed 8-9-21)

[RE: Blakeley LLP - Debtor's Counsel] [Fees: $24,841.00; Expenses: $194.27]

Docket 390

Tentative Ruling:

APPEARANCES REQUIRED.

The compensation is approved in part on an interim basis as to Blakely LLP, with fees in the amount of $24,841.00 and expenses in the amount of $194.27.

HEARTWISE TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

2:00 PM

8:20-13335

Heartwise, Inc.

Chapter 11

#15.00

Hearing RE: First Interim Application for Compensation and Reimbursement of Expenses from the Period from April 1, 2021 to August 5, 2021.

(Application filed 8-9-21)

[RE: R. Clifford & Associates - Debtor's Counsel] [Fees: $161,778.00; Expenses: $707.32]

Docket 393

Tentative Ruling:

APPEARANCES REQUIRED.

The compensation is approved on an interim basis as to R. Clifford and Associates, with fees in the amount of $161,778.00 and expenses in the amount of $707.32.

HEARTWISE TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Heartwise, Inc. Represented By RONALD CLIFFORD

9:00 AM

6:18-12269

Christopher Allen Hageman

Chapter 7

Adv#: 6:18-01081 Escontrias v. Hageman et al

#1.00

Hrg. on Plaintiff's Motion filed 7/13/21 for Sanctions/Disgorgement against Debtors and attorney T. Hall Brehem IV, joint and severable, in the amount of

$7225.00 for filing a frivolous & meritless motion to set aside default judgment

Docket 181

Tentative Ruling:

APPEARANCES REQUIRED.

Grant and award sanctions against both Defenants and Defenants' Counsel who are jointly and severally liable for payment of such sanctions in the amount of $7,225.00. The argument of Defendants in the motion to set aside the default that the Court erred because the motion for entry of default judgment was heard on 21 days' notice (actually, 24 days) to Defendants instead of 7 days' notice - and should have been labeled an "application" instead of a motion - is frivoluous to a degree rarely every seen by this Court.

PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Christopher Allen Hageman Represented By Roland D Tweed

Defendant(s):

Christopher Allen Hageman Pro Se

Crystal Dee Hageman Pro Se

Kai Hargis Pro Se

9:00 AM

CONT...

Christopher Allen Hageman

Chapter 7

Joint Debtor(s):

Crystal Dee Hageman Represented By Roland D Tweed

Plaintiff(s):

Pilar Escontrias Represented By

Ada R Cordero-Sack

Trustee(s):

Arturo Cisneros (TR) Pro Se

9:00 AM

6:18-12269

Christopher Allen Hageman

Chapter 7

Adv#: 6:18-01081 Escontrias v. Hageman et al

#2.00

Hrg on Plaintiff's Motion filed 7/13/21 to Extend Time To File Opposition to Motion to Set Aside and Motion to Reopen Adversary Proceedings

Docket 184

Tentative Ruling:

APPEARANCES REQUIRED.

The Court finds good cause to grant the motion based upon Mr. Balcazar's illness. Grant.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Christopher Allen Hageman Represented By Roland D Tweed

Defendant(s):

Crystal Dee Hageman Pro Se

Kai Hargis Pro Se

Christopher Allen Hageman Pro Se

Joint Debtor(s):

Crystal Dee Hageman Represented By Roland D Tweed

9:00 AM

CONT...

Christopher Allen Hageman

Chapter 7

Plaintiff(s):

Pilar Escontrias Represented By

Ada R Cordero-Sack

Trustee(s):

Arturo Cisneros (TR) Pro Se

9:00 AM

6:20-12017

Jorge Antonio Zendejas

Chapter 7

Adv#: 6:21-01007 Simons (TR) v. Zendejas et al

#3.00

CONT. STATUS CONFERENCE RE: [1] Adversary case 6:21-ap-01007.

Complaint by Larry D Simons (TR) against Jorge Antonio Zendejas, Rosa Isela Zendejas. ($350.00 Fee Charge To Estate). with adversary proceeding cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e)

From: 4/13/21

Docket 1

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into the status of Plaintiff's intention to dismiss this adversary proceeding.

Party Information

Debtor(s):

Jorge Antonio Zendejas Represented By Daniel King

Defendant(s):

Jorge Antonio Zendejas Pro Se

Rosa Isela Zendejas Pro Se

Joint Debtor(s):

Rosa Isela Zendejas Represented By Daniel King

9:00 AM

CONT...

Jorge Antonio Zendejas

Chapter 7

Plaintiff(s):

Larry D Simons (TR) Pro Se

Trustee(s):

Larry D Simons (TR) Pro Se

9:00 AM

6:20-14155

Power Bail Bonds, Inc.

Chapter 11

#3.10

CONT Hrg. on Chapter 11 Subchapter V Status Conference From: 10/20/20, 12/8/20, 3/23/21, 8/10/21

Docket 36

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire whether the Trustee has resolved the worker's compensation insurance matter.

Next status conference: TBD. COURT TO PREPARE ORDER.

Party Information

Debtor(s):

Power Bail Bonds, Inc. Represented By Douglas A Plazak

Reid & Hellyer A Pro Corrie Klekowski

Trustee(s):

Caroline Renee Djang (TR) Represented By Caroline Djang

2:00 PM

6:08-24564

Edward Joseph Rush and Valerie Ann Rush

Chapter 7

#1.00

CONT. Hrg. on Debtor's Motion filed 3/9/21 to Reopen Bankruptcy Case for Violation of Discharge Injunction under 11 U.S.C. Sec. 524 (Ch 7)

(Status Conference)

From: 4/27/21

Docket 76

Tentative Ruling:

APPEARANCES REQUIRED.

The Court will inquire into whether any party objects to the Court re-closing this adversary proceeding given that the Debtors' lian avoidance motion was denied with prejudice on August 10, 2021.

Party Information

Debtor(s):

Edward Joseph Rush Represented By

Charles Benjamin Graff

Joint Debtor(s):

Valerie Ann Rush Represented By

Charles Benjamin Graff

Trustee(s):

Christopher R Barclay (TR) Pro Se

2:00 PM

6:17-18961

Joseph Edward Putney and Julie Anna Putney

Chapter 7

#2.00

Status Conference re: Hrg. on Order to Show Cause Re: Ming Cong Dang

From: 7/22/20,2/9/21,4/27/21,6/15/21

Docket 24

*** VACATED *** REASON: CONTINUED TO 9/28/21 BY ORDER ENTERED 8/11/2021

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joseph Edward Putney Represented By Jenny L Doling Summer M Shaw

Joint Debtor(s):

Julie Anna Putney Represented By Jenny L Doling Summer M Shaw

Trustee(s):

Todd A. Frealy (TR) Pro Se

2:00 PM

6:18-12269

Christopher Allen Hageman

Chapter 7

Adv#: 6:18-01081 Escontrias v. Hageman et al

#3.00

CONT. Hrg on Defendant's Motion filed 6/14/21 to Vacate Default Judgment From: 7/20/21

Docket 178

Tentative Ruling:

APPEARANCES REQUIRED.

The record in this case shows that Defendants withdrew their answer. Default was then entered by the Clerk of this Court, followed by Plaintiff's motion for entry of default judgment. The hearing was set for June 4, 2020. Defendants filed an opposition five days before the hearing, which the Court declined to consider - and which, in any event, made no meritorious arguments. Defenants had abundant due process in this case. Default judgment was properly entered.

In this motion, Defendants continue their pattern and practice of making unmeritorious arguments, such as the argument that the motion for entry of default judgment should have been an application instead of a motion and that somehow it was improper to give Defendants 21 days' notice of the hearing instead of 7 days' notice.

The motion to set aside the default judgment is denied with prejudice. PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Christopher Allen Hageman Represented By Roland D Tweed

2:00 PM

CONT...

Christopher Allen Hageman

Chapter 7

Defendant(s):

Christopher Allen Hageman Pro Se

Crystal Dee Hageman Pro Se

Kai Hargis Pro Se

Joint Debtor(s):

Crystal Dee Hageman Represented By Roland D Tweed

Movant(s):

Christopher Allen Hageman Pro Se

Crystal Dee Hageman Pro Se

Plaintiff(s):

Pilar Escontrias Represented By

Ada R Cordero-Sack

Trustee(s):

Arturo Cisneros (TR) Pro Se

2:00 PM

6:19-16545

DDI Distribution of California LLC

Chapter 7

Adv#: 6:20-01118 Bui v. PAL Distribution, Inc. et al

#4.00

*Dismissed as to Pal Distribution on 2/22/21

*Dismissed as to Jose Castellanos on 5/20/21 From: 11/05/20, 3/23/21

Docket 1

*** VACATED *** REASON: NOTICE OF DISMISSAL FILED 8/24/21

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

DDI Distribution of California LLC Represented By

Mark E Brenner

Defendant(s):

PAL Distribution, Inc. Pro Se

2:00 PM

CONT...

DDI Distribution of California LLC

Chapter 7

Peter Larios Pro Se

Jose Castellanos Pro Se

Plaintiff(s):

Lynda Bui Represented By

Brandon J Iskander

Trustee(s):

Lynda T. Bui (TR) Represented By Brandon J Iskander

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#5.00

Hrg. on Application for Compensation for Arturo M. Cisneros, Trustee, Period: 6/23/2020 to 8/5/2021, Fee: $47,000.00, Expenses: $194.95

(Motion filed 8/5/21)

Docket 230

Tentative Ruling:

APPEARANCES REQUIRED.

The compensation is approved on a final basis as to Arturo M. Cisneros, with fees in the amount of $47,000.00 and expenses in the amount of $0.00.

DEBTOR TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#6.00

Application for Compensation first and final application for compensation and reimbursement of expenses of Grobstein Teeple, LLP as financial advisors for the chapter 11 Debtor and Debtor-in-Possession Period: 10/7/2020 to 8/6/2021, Fee: $55,022.00, Expenses: $38.62.

(Motion filed 8/6/21)

Docket 232

Tentative Ruling:

APPEARANCES REQUIRED.

The compensation is approved on a final basis as to Grobstein Teeple LLP, with fees in the amount of $55,022.00 and expenses in the amount of $38.62.

DEBTOR TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo Cisneros

2:00 PM

6:20-14295

LCF LABS INC.

Chapter 11

#7.00

Hrg. on Application for Compensation Weiland Golden Goodrich LLPs First And Final Application For Allowance And Payment Of Chapter 11 Fees And Reimbursement Of Chapter 11 Expenses Of Counsel For Debtor; Period: 10/5/2020 to 8/10/2021, Fee: $265,046.00, Expenses: $1,998.23

Docket 234

Tentative Ruling:

APPEARANCES REQUIRED.

The compensation is approved on a final basis as to Weiland Golden Goodrich LLP, with fees in the amount of $265,046.00 and expenses in the amount of $1,998.23.

DEBTOR TO LODGE A SINGLE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden Todd L Turoci Sonja Hourany

Trustee(s):

Arturo Cisneros (TR) Represented By Arturo Cisneros